Regular Meeting of Council (Planning)

the minutes of the Middlesex Centre Council meeting held on October 4, 2023 be adopted as printed.

Consent items 6.1 through 6.4 listed on the October 18, 2023 agenda be adopted as recommended.

Council receive Report PWE 41-2023, 2023 Structure Inspection Report be received for information.

Report CAO-33-2023, re: Municipal Insurance Policy – RFP be received; AND THAT the Municipal Insurance Policy be awarded to Marsh Canada Limited for a one-year term with a premium cost in the amount of $878,318.52 (including applicable taxes) to take effect January 1, 2024; AND FURTHER THAT the Municipality may enter into four additional one-year periods with Marsh Canada Limited subject to Council and Budget approvals.

Report FS-06-2023, re: Fire Services Master Plan Progress Update be received for information.

Council adjourn its regular meeting at 6:34 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 October 18, 2023 Council Agenda.

Minor Variance Application A-18/2023, filed by Monteith Browth Planning Consultants (Benita Senkevics), on behalf of 2638477 Ontario Limited for relief from the Comprehensive Zoning By-law in order to establish a minimum front yard setback for a residential building of 3.0 m (9.8 ft) for Unit 61, whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum front yard setback of 6.0 m (19.7 ft), for a property legally described as PLAN 33M801 BLK 126, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-12/2023: 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-19/2023, filed by Steve Esdaile to permit a maximum lot coverage of 5.5 % for accessory buildings for a property legally known as Lot 9 to 12, Part of lot 2 to Part Lot 4, Block 8, Plan 109, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 150 Railway Ave, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-19/2023 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-20/2023, filed by Pine View Acres Limited for relief from the Comprehensive Zoning By-law in order to permit an increase to the maximum permission size of an accessory building, for a property legally described as Part of Lot 4, Concession 8 South, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 9890 Ivan Drive, be GRANTED, subject to the following conditions: THAT the size of the accessory building be limited to the lesser of 287.72 square metres, or the footprint of the dwelling; AND THAT 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-20/2023: 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-21/2023, filed by Sifton Properties Limited for relief from the Comprehensive Zoning By-law in order to establish a minimum exterior side yard setback of 4.0 m (13.1 ft), whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum exterior side yard setback of 6.0 m (19.7 ft), for properties legally described as Lot 8 and Lot 11 of 33M-836, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED, subject to the following conditions: THAT an attached garage maintain a minimum exterior side yard setback of 6.0 m (19.7 ft) where a driveway is proposed in the exterior side yard for Lot 8 and 11; AND THAT the reasons for granting Minor Variance Application A-21/2023: 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-22/2023, filed by Sifton Properties Limited for relief from the Comprehensive Zoning By-law in order to establish a minimum front yard set back of 5.5 m (18.0 ft) for Units 15, 16, 19, 28, and 31, a minimum side yard setback on the side abutting a public street of 3.0 m (9.8 ft) for Unit 1, and a maximum density of 31 units per hectare, whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum front yard set back of 6.0 m (19.7 ft), a minimum side yard setback on the side abutting a public street of 6.0 m (19.7 ft) and a maximum density of 30 units per hectare, for a property legally described as Block 55 of 33M-836, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED, subject to the following conditions: THAT the driveway of Unit 1 is located in the front yard of the unit and connected to the internal private road; AND THAT the driveway of Units 15, 16, 19, 28, and 31 contain sufficient space for at least 1 parking space in compliance with the Zoning By-law; AND FURTHER THAT the reasons for granting Minor Variance Application A-22/2023: 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 7:06 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:06 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the October 18, 2023 Council agenda.

Zoning By-law Amendment Applications (ZBA-12-2023 and ZBA-13-2023), filed by Michael Moir and Walter Moir, Robert Castelo and Gloria Castelo for the severed parcels of consent application B-08/22 in order to implement a boundary adjustment between the two properties known legally as Concession 8 PT Lot 5 and Concession 8 PT Lot 5 RP 33R20597 Part 1, Middlesex Centre (geographic Township of London), County of Middlesex, be APPROVED.

Zoning By-law Amendment application (ZBA-15-2023) for a temporary use zone, filed by Joshua Fleming and Jazmin Fleming, 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 20706 Vanneck Road, 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.

the public meetings adjourn at 7:19 pm and Council resume their regular meeting;

the Correspondence items 12.1 and 12.3 through 12.7 listed on the October 18, 2023 Council agenda be received as information.

there are 38,000 people on the waitlist for long-term care, and; WHEREAS the median wait time for a long-term care bed has risen from 99 days in 2011-2012 to 171 days in 2020- 2021, and; WHEREAS according to Home Care Ontario, the cost of a hospital bed is $842/day, while the cost of a long-term care bed is $126/day, and; WHEREAS couples should have the right to live together as they age, and; WHEREAS Ontario seniors have worked hard to build this province and deserve dignity in care, and; AND WHEREAS Bill 21 amends the Residents Bill of Rights in the Fixing Long-Term Care Act to provide the resident with the right upon admission to continue to live with their spouse or partner; NOW THEREFORE BE IT RESOLVED THAT, the Council for the Municipality of Middlesex Centre calls upon the Legislative Assembly of Ontario to direct the Minister of Long Term Care to call Bill 21 to the Standing Committee on Social Policy.

By-Laws 2023-109 through to 2023-111 listed on the October 18, 2023 agenda be approved.

the Council for the Municipality of Middlesex Centre adjourns the October 18, 2023 Council meeting at 7:25 p.m.

THAT the minutes of the Middlesex Centre Council meeting held on October 4, 2023 be adopted as printed.

THAT Consent items 6.1 through 6.4 listed on the October 18, 2023 agenda be adopted as recommended.

THAT Council receive Report PWE 41-2023, 2023 Structure Inspection Report be received for information.

THAT Report CAO-33-2023, re: Municipal Insurance Policy – RFP be received; AND THAT the Municipal Insurance Policy be awarded to Marsh Canada Limited for a one-year term with a premium cost in the amount of $878,318.52 (including applicable taxes) to take effect January 1, 2024; AND FURTHER THAT the Municipality may enter into four additional one- year periods with Marsh Canada Limited subject to Council and Budget approvals.

THAT Report FS-06-2023, re: Fire Services Master Plan Progress Update be received for information.

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 GRANTED; AND THAT Consent B-13/2023 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-13/2023 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’s solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of ti

THAT Council adjourn its regular meeting at 6:34 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 October 18, 2023 Council Agenda.

THAT Minor Variance Application A-18/2023, filed by Monteith Browth Planning Consultants (Benita Senkevics), on behalf of 2638477 Ontario Limited for relief from the Comprehensive Zoning By-law in order to establish a minimum front yard setback for a residential building of 3.0 m (9.8 ft) for Unit 61, whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum front yard setback of 6.0 m (19.7 ft), for a property legally described as PLAN 33M801 BLK 126, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED; AND THAT the reasons for granting Minor Variance Application A- 12/2023:  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-19/2023, filed by Steve Esdaile to permit a maximum lot coverage of 5.5 % for accessory buildings for a property legally known as Lot 9 to 12, Part of lot 2 to Part Lot 4, Block 8, Plan 109, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 150 Railway Ave, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-19/2023 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-20/2023, filed by Pine View Acres Limited for relief from the Comprehensive Zoning By-law in order to permit an increase to the maximum permission size of an accessory building, for a property legally described as Part of Lot 4, Concession 8 South, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 9890 Ivan Drive, be GRANTED, subject to the following conditions: THAT the size of the accessory building be limited to the lesser of 287.72 square metres, or the footprint of the dwelling; AND THAT 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-20/2023:  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-21/2023, filed by Sifton Properties Limited for relief from the Comprehensive Zoning By-law in order to establish a minimum exterior side yard setback of 4.0 m (13.1 ft), whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum exterior side yard setback of 6.0 m (19.7 ft), for properties legally described as Lot 8 and Lot 11 of 33M-836, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED, subject to the following conditions: THAT an attached garage maintain a minimum exterior side yard setback of 6.0 m (19.7 ft) where a driveway is proposed in the exterior side yard for Lot 8 and 11; AND THAT the reasons for granting Minor Variance Application A- 21/2023:  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-22/2023, filed by Sifton Properties Limited for relief from the Comprehensive Zoning By-law in order to establish a minimum front yard set back of 5.5 m (18.0 ft) for Units 15, 16, 19, 28, and 31, a minimum side yard setback on the side abutting a public street of 3.0 m (9.8 ft) for Unit 1, and a maximum density of 31 units per hectare, whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum front yard set back of 6.0 m (19.7 ft), a minimum side yard setback on the side abutting a public street of 6.0 m (19.7 ft) and a maximum density of 30 units per hectare, for a property legally described as Block 55 of 33M-836, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED, subject to the following conditions: THAT the driveway of Unit 1 is located in the front yard of the unit and connected to the internal private road; AND THAT the driveway of Units 15, 16, 19, 28, and 31 contain sufficient space for at least 1 parking space in compliance with the Zoning By-law; AND FURTHER THAT the reasons for granting Minor Variance Application A-22/2023:  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 7:06 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:06 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the October 18, 2023 Council agenda.

THAT Consent Application B-19/2023, filed by Courtney Sinclair on behalf of 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 30, Concession 12 South, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 12674 Twelve Mile Road, be GRANTED; AND THAT Consent B-19/2023 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-19/2023 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’s solicitor submit an undertaking in a form satisfactory to the Municipality to r

THAT Zoning By-law Amendment Applications (ZBA-12-2023 and ZBA- 13-2023), filed by Michael Moir and Walter Moir, Robert Castelo and Gloria Castelo for the severed parcels of consent application B-08/22 in order to implement a boundary adjustment between the two properties known legally as Concession 8 PT Lot 5 and Concession 8 PT Lot 5 RP 33R20597 Part 1, Middlesex Centre (geographic Township of London), County of Middlesex, be APPROVED.

THAT Zoning By-law Amendment application (ZBA-15-2023) for a temporary use zone, filed by Joshua Fleming and Jazmin Fleming, 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 20706 Vanneck Road, 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 the public meetings adjourn at 7:19 pm and Council resume their regular meeting;

THAT the Correspondence items 12.1 and 12.3 through 12.7 listed on the October 18, 2023 Council agenda be received as information.

WHEREAS there are 38,000 people on the waitlist for long-term care, and; WHEREAS the median wait time for a long-term care bed has risen from 99 days in 2011-2012 to 171 days in 2020- 2021, and; WHEREAS according to Home Care Ontario, the cost of a hospital bed is $842/day, while the cost of a long-term care bed is $126/day, and; WHEREAS couples should have the right to live together as they age, and; WHEREAS Ontario seniors have worked hard to build this province and deserve dignity in care, and; AND WHEREAS Bill 21 amends the Residents Bill of Rights in the Fixing Long-Term Care Act to provide the resident with the right upon admission to continue to live with their spouse or partner; NOW THEREFORE BE IT RESOLVED THAT, the Council for the Municipality of Middlesex Centre calls upon the Legislative Assembly of Ontario to direct the Minister of Long Term Care to call Bill 21 to the Standing Committee on Social Policy.

THAT By-Laws 2023-109 through to 2023-111 listed on the October 18, 2023 agenda be approved.

THAT the Council for the Municipality of Middlesex Centre adjourns the October 18, 2023 Council meeting at 7:25 p.m.