Middlesex Centre Council Agenda
Regular Meeting of Council

Wednesday, April 19, 2023 at 6:00 P.m. - 9:00 P.m.

Hybrid Council Meeting (Virtual and In-Person)

10227 Ilderton Road / Virtual

Ilderton, Ontario, N0M 2A0

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1.

CALL TO ORDER

2.

ADDITIONS TO THE AGENDA

3.

DISCLOSURE OF PECUNIARY INTEREST

The Municipal Conflict of Interest Act requires any member of Council declaring a pecuniary interest and the general nature thereof, where the interest of a member of Council has not been disclosed by reason of the member’s absence from the meeting, to disclose the interest at the first open meeting attended by the member of Council and otherwise comply with the Act.

4.

DELEGATIONS, PRESENTATIONS AND PETITIONS

4.1

Stantec Consulting - Road Needs Study Overview

Dean Pettitt of Stantec Consulting will be in attendance to provide an overview presentation regarding the road needs study

5.

ADOPTION OF THE MINUTES

5.1

Minutes of the April 5, 2023 Council Meeting

• THAT the minutes of the Middlesex Centre Council meeting held on April 5, 2023 be adopted as printed.

6.

CONSENT AGENDA

Items listed under the Consent Agenda are received in one motion. Council members may request that one or more item be removed for further action.

• THAT Consent items 6.1 through 6.3 listed on the April 19, 2023 agenda be adopted as recommended.

6.1

TVDSB Education Development Charges Study

• THAT Report CAO-11-2023, re: TVDSB Education Development Charges Study be received for information.

6.2

Budget to Actual March 2023

• THAT the Budget to Actual Report CPS-19-2023 for March 2023 be received as information.

6.3

Road Needs Study

• THAT Report PWE-20-2023, re: Roads Needs Study be received for information.

7.

STAFF REPORTS

7.1

Request to Remove (h-2) Holding Symbol from 13178 Ilderton Road; Filed by Andrew Douglas on behalf of 1917155 Ontario Inc.

• THAT the request by Andrew Douglas on behalf of 1917155 Ontario Inc. to remove the (h-2) holding symbol from the zoning of the land known legally as Concession 11 Pt Lot 26, Middlesex Centre, be APPROVED.

7.2

Request to Remove (h-3)(h-6)(h-7) Holding Symbols from 10092 Oxbow Drive; Filed by Zelinka Priamo Ltd. on behalf of Oxbow Developments Limited Partnership

• THAT the request by Zelinka Priamo Ltd. on behalf of Oxbow Developments Limited Partnership to remove the (h-3), (h-6), and (h-7) holding symbols from the zoning of the land known legally as 10092 Oxbow Drive, Middlesex Centre, be APPROVED.

8.

COMMITTEE OF ADJUSTMENT 

• THAT Council adjourn its regular meeting at _____ 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 April 19, 2023 Council Agenda.

8.1

Application for Minor Variance (File No. A-27/2022)

• THAT Minor Variance Application A-27/2022, filed by Carlo Iarusso on behalf of Patrick Cox and Jennifer Dickenson for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 185.8 square metres and a maximum height of 7.77 metres for all accessory buildings, for a property legally described as Part of Lot 10, Concession 8 North, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 10651 Ilderton Road, be GRANTED, subject to the following conditions;

  THAT the accessory building be placed in the same general location as shown on the site plan attached to the application;

  AND THAT the owner be required to remove the second access to the lands and restore the ditch to the satisfaction of the County Engineer, or seek approval for the second access from the County of Middlesex;

  AND FURTHER THAT the reasons for granting Minor Variance Application A-27/2022:

  • 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.

8.2

Application for Minor Variance (File No. A-8/2023)

• THAT Minor Variance Application A-8/2023, filed by Picard’s Peanuts Ltd. (Arva) to permit a reduced rear yard setback of 1.47 metres for a property legally known as Lot 1 on Plan 859 in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 14331 Medway, be GRANTED;

  AND THAT the reasons for granting Minor Variance Application A-8/2023 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.

8.3

Minor Variance Application A-6/2023 and Consent Application (B-3/2022), 22643 Vanneck Road

• THAT Minor Variance Application A-6/2023, filed by Kevin Miller on behalf of Larry Weatherhead and Diane Weatherhead, for relief from the Comprehensive Zoning By-law in order to establish a reduced minimum lot size of 16.92 acres (6.84 hectares) and a broken frontage of approximately 102.7 metres (337 feet), for a property legally described as Part of Park Lot 9, Plan 47, Part 1 on Reference Plan 34R2205, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 22643 Vanneck Road, be REFERRED back to staff for further review.

  Consent Recommendation:

  THAT Consent Application B-3/2023, filed by Kevin Miller on behalf of Larry Weatherhead and Diane Weatherhead, in order to sever and convey as a lot addition 728.43 square metres (0.07 hectares) from a property municipally known as 22643 Vanneck Road to be merged with an abutting lot legally described as Part of lot 20, Concession 8, CTR and designated as Part 1 on reference plan 33R-414, municipally known as 22651 Vanneck Road, from a property legally described as Part of Park Lot 9, Plan 47, Part 1 on Reference Plan 34R2205, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 22643 Vanneck Road, be REFERRED back to staff for further review.

8.4

Applications for Consent (File No. B-4/2023) & Minor Variance (File No. A-7/2023)

• THAT Minor Variance Application A-7/2023, filed by LDS Consultants Inc. on behalf of Q.A. Cor. Versteegh to permit a reduced minimum side yard setback of 1.5 metres for a property legally known as Lot 57 to 58, Plan 55, in the Township of Middlesex Centre, County of Middlesex, and is municipally known as 115 Prince Street , be GRANTED;

  AND THAT the reasons for granting Minor Variance Application A-7/2023 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.

  Recommendation for Consent Application B-4/2023:

  THAT Consent Application B-4/2023 filed by LDS Consultants on behalf of Q.A. Cor. Versteegh in order to amend Consent Application B-14/2023 to sever a residential lot with a frontage of approximately 19.94 metres (65.4 feet) and an area of approximately 671.7 square metres (0.165 acres) in order to facilitate the construction of a single-detached dwelling on the severed lot and the retained having a frontage of approximately 20.7 metres (68 feet) along Prince Street from a property legally described as Lot 57 to 58, Plan 55, in the Township of Middlesex Centre, County of Middlesex, and is municipally known as 115 Prince Street; be GRANTED.

  AND THAT Consent B-4/2023 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-4/2023, 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 title consistent with the Consent decision.

  6. That any outstanding property taxes for the severed and retained lots of Consent B-4/2023 be paid in full.

  7. That the transfers for the subject applications be registered concurrently by the Owner’s solicitor.

  8. That the owner enter into a Development Agreement with the Municipality, and that the Agreement be registered against the title of the subject land, which addresses among other matters, entrance locations and construction, lot grading and drainage, building envelopes, fire hydrant location, connections to the Municipal water supply and sanitary sewer systems, a financial contribution to the future upgrading of Duke Street to a full urban standard and a security deposit for 100% of the cost of the works as well as any road reconstruction associated with the development, all to the satisfaction of the Municipality. The Development Agreement shall require the developer to provide a certification from the engineer of record confirming that all works within the road right-of-way, stormwater controls and lot grading have been completed in conformance with municipal standards and in general conformance with the approved design.

  9. That upon Condition 8 of Consent B-4/2023 being satisfied, the owner shall install separate water, stormwater and wastewater service connections to the severed parcels of Consent B-44/2023 and that the connection be installed to the satisfaction of the Municipality’s Public Works and Engineering Department.

  10. That, if required, the Owner’s engineer shall apply and receive approval for an ECA related to the extension of municipal services associated with Consent applications B-4/2023, to the satisfaction of the Director of Public Works and Engineering.

  11. That the Owner submits a Storm Water Management Report to the satisfaction of the Municipality.

  12. That the owner demonstrate that post development runoff from the proposed lots will not exceed the existing conditions. Any infiltration measures or other stormwater controls required shall be installed by the developer to the satisfaction of the Municipality’s Public Works and Engineering Department.

  13. That the Owner submits a lot grading plan for the severed and retained lands, depicting the suitable building locations, footing/foundation elevations as well as surface grades and swale flow routes, to the satisfaction of the Municipality. The lot grading design shall ensure adjacent lots will not receive increased runoff.

  14. That the owner pay a cash-in-lieu of parkland dedication consistent with decision B-14/2022 to the Municipality.

  15. That the Owners pay 50% of the future road reconstruction costs of Duke Street to an urban standard along the frontage of the severed lot of Consent B-4/2023, inclusive of curbs, sidewalks and road re-construction, consistent with the decision issued for consent file B-14/2022.

  AND FURTHER THAT the reasons for granting Consent application B-4/2023 include:

  • The proposal is consistent with the Provincial Policy Statement;
  • The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and
  • Subject to the conditions, the proposal complies with the Middlesex Centre Comprehensive Zoning By-law.

9.

PUBLIC MEETINGS

Members of the public are invited to submit written comments or requests to delegate for Planning related items via email to [e-mail].

• THAT the Committee of Adjustment adjourn at ____ pm and Council resume their regular meeting;

  AND THAT Council move into Public Meetings at ________pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the April 19, 2023 Council agenda.

9.1

Zoning By-law Conformity Update - Statutory Public Meeting

Matthew Rodrigues, Senior Planner with WSP Canada will be in attendance to provide an overview presentation

9.2

Application for Consent - Easement for 13178 Ilderton Road (B-7/2023)

• THAT Report CAO-10-2023, re: Consent Easement for 13178 Ilderton Road be received;

  AND THAT Consent, on behalf of the Ilderton Agricultural Society, in order to establish a servicing easement for infrastructure in favour of 1917155 Ontario Inc. to service the lands at 13178 Ilderton Road, with the easement being located on Concession 11 Pt Lot 26 RP33R12573 Part 4, in the Municipality of Middlesex Centre; be GRANTED;

  AND THAT the Consent 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 consent 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 the consent 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 13178 Ilderton Road, together with a deposited reference plan and a Schedule describing the land identified for an easement, 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 title consistent with the Consent decision.

  6. That the transfers for the subject applications be registered concurrently by the Owner’s solicitor.

  AND FURTHER THAT the reasons for granting the Consent include:

  • The proposal is consistent with the Provincial Policy Statement;
  • The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and
  • Subject to the proposal complies with the Middlesex Centre Comprehensive Zoning By-law.

9.3

Application for Zoning By-law Amendment (ZBA-06-2023) for 21176 Vanneck Road; Filed by Kori Paquette

• THAT Zoning By-law Amendment application (ZBA-06-2023) for a temporary use zone, filed by Kori Paquette, 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 21176 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.

9.4

Application for Consent to Sever (B-2/2023)

• THAT Consent Application B-2/2023 filed by Dominion on behalf of 14013221 Canada Inc in order to sever a residential lot with a frontage of approximately 19.94 metres (65.4 feet) and an area of approximately 15.5 metres (50.8 feet) on Simcoe Ave, and an area of approximately 711.49 square metres (0.175 acres), in order to facilitate the construction of a single-detached dwelling on the severed lot and the retained having a frontage of approximately 21 metres (68.8 feet) on Simcoe Ave, and an area of approximately 960.76 square metres (0.237 acres), from a property legally described as Lot 37, Plan 1004, in the Township of Middlesex Centre, County of Middlesex, and is municipally known as 140 Simcoe Ave; be GRANTED;

  AND THAT Consent B-2/2023 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-2/2023, 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 title consistent with the Consent decision.

      

  6. That any outstanding property taxes for the severed and retained lots of Consent B-2/2023 be paid in full.

      

  7. That the transfers for the subject applications be registered concurrently by the Owner’s solicitor.

      

  8. That the owner enter into a Development Agreement with the Municipality, and that the Agreement be registered against the title of the subject land, which addresses among other matters, entrance locations and construction, lot grading and drainage, building envelopes, fire hydrant location, connections to the Municipal water supply and sanitary sewer systems, a financial contribution to the future upgrading of Simcoe Street to a full urban standard and a security deposit for 100% of the cost of the works as well as any road reconstruction associated with the development, all to the satisfaction of the Municipality. The Development Agreement shall require the developer to provide a certification from the engineer of record confirming that all works within the road right-of-way, stormwater controls and lot grading have been completed in conformance with municipal standards and in general conformance with the approved design.

      

  9. That upon Condition 8 of Consent B-2/2023 being satisfied, the owner shall install separate water, stormwater and wastewater service connections to the severed parcels of Consent B-2/2023 and that the connection be installed to the satisfaction of the Municipality’s Public Works and Engineering Department.

      

  10. That, if required, the Owner’s engineer shall apply and receive approval for an ECA related to the extension of municipal services associated with Consent applications B-2/2023, to the satisfaction of the Director of Public Works and Engineering.

       

  11. That the Owner submits a Storm Water Management Report to the satisfaction of the Municipality.

       

  12. That the owner demonstrate that post development runoff from the proposed lots will not exceed the existing conditions. Any infiltration measures or other stormwater controls required shall be installed by the developer to the satisfaction of the Municipality’s Public Works and Engineering Department.

       

  13. That the Owner submits a lot grading plan for the severed and retained lands, depicting the suitable building locations, footing/foundation elevations as well as surface grades and swale flow routes, to the satisfaction of the Municipality. The lot grading design shall ensure adjacent lots will not receive increased runoff.

       

  14. That the owner pay a cash-in-lieu of parkland dedication in the amount of $1300, consistent with Municipalities Fee By-law.

       

  15. That the Owners pay 50% of the future road reconstruction costs of Simcoe Ave to an urban standard along the frontage of the severed lot of Consent B-2/2023, inclusive of curbs, sidewalks, street lights and road re-construction.

       

  16. That the severed and retained lots for Consent Application B-2/2023 meet the minimum lot size and frontage requirements through the issuance of a minor variance.

       

  AND FURTHER THAT the reasons for granting Consent application B-2/2023 include:

  • The proposal is consistent with the Provincial Policy Statement;
  • The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and
  • Subject to the conditions, the proposal complies with the Middlesex Centre Comprehensive Zoning By-law.

10.

COUNCIL TO RISE FROM PUBLIC MEETINGS

• THAT the public meetings adjourn at ____ pm and Council resume their regular meeting;

11.

NOTICE OF MOTION

12.

CORRESPONDENCE

• THAT the Correspondence items 12.1 through 12.7 listed on the April 19, 2023 agenda be received as information.

12.1

Sifton Properties Limited - Municipality of Middlesex Centre ZBL Update

12.2

Domus Development- Proposed Zoning By-law Amendment schedules

12.3

South Winds Development Co. Inc.- Comprehensive Review Zoning By-law

12.4

Wood Bull LLP - letter to Middlesex Centre re Comprehensive ZB update

12.5

Ausable Bayfield Conservation Authority - April 13-Agenda-Board of Directors

12.6

CP Rail - 2023 Vegetation Control Program

12.7

Ministry of Natural Resources and Forestry - Changes under the Oil, Gas and Salt Resources Act

13.

COUNTY COUNCIL UPDATE

14.

OTHER BUSINESS

15.

BY-LAWS

• THAT By-Laws 2023-040 through 2023-043 listed on the April 19, 2023 agenda be approved.

15.1

2023-040

Being a by-law to amend the Middlesex Centre Comprehensive Zoning By-law number 2005-005 with respect to Plan 96 Lot 9 PT Lot 8 RP 33R8581 Part 3 (geographic Township of London), Municipality of Middlesex Centre, roll number: 393903406011602

15.2

2023-041

Being a by-law to amend the Middlesex Centre comprehensive Zoning By-law number 2005-005 with respect to Concession 11 PT Lot 26, Municipality of Middlesex Centre.

15.3

2023-042

Being a by-law to amend the Middlesex Centre comprehensive Zoning By-law number 2005-005 with respect to Concession 3 S PT Lot 6 RP 33R7661 Parts 1,2,3 and Concession 3 S PT Lot 6 RP 33R6776 PT Part 1 & Parts 2,3,4 (geographic Township of Lobo), Municipality of Middlesex Centre, roll number: 393900002032304

15.4

2023-043

Being a By-law to adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on April 19, 2023

16.

ADJOURNMENT

• THAT the Council for the Municipality of Middlesex Centre adjourns the [DATE] Council meeting at ___ p.m.