THAT Consent Application B-21/2024 filed by Bondeesue Holdings (Dan Brown) on behalf of Mark Watson in order to sever a lot with a frontage of approximately 193.4 m (634.5 ft) on Highbury Avenue North, and an area of approximately 2.8 ha (6.9 ac), and the retained a frontage of approximately approximately 279.6 m (917.3 ft) on Highbury Avenue North, and an area of approximately 35.5 ha (87.7 ac), for a property legally described as Concession 8 N PT Lot 8, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 15309 Nine Mile Road; be GRANTED;
AND THAT Consent B-21/2024 be subject to the following conditions:
- 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.
- 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-21/2024, and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
- 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.
- 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.
- That any outstanding property taxes for the severed and retained lots of Consent B-21/2024 be paid in full.
- That, if necessary a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner.
- That the owner pay a cash-in-lieu of parkland dedication consistent with Municipalities Fee By-law.
- That, if necessary, the owner will be required to dedicate lands up to 13 m from the centerline of construction of Nine Mile Road of the retained and severed parcels to the Municipality of Middlesex Centre for the purposes of road widening if the right of way is not already to that width.
- That, if necessary, the owner will be required to dedicate lands up to 18 m from the centerline of construction of Highbury Avenue North of the retained and severed parcels to the County of Middlesex for the purposes of road widening if the right of way is not already to that width.
- The owner will be required to dedicate a 0.3 m reserve along County Road 23 (Highbury Ave N) to the County of Middlesex such that all access will be restricted to Nine Mile Road if the parcel is merged with the land at 15301 Nine Mile Road.
- That a Zoning By-law Amendment that recognizes the agricultural commercial use of the severed lot and reduced farm size of the retained lot of Consent B-21/2024 be in full force and effect.
AND THAT the reasons for granting Consent application B-21/2024 include:
- The proposal is consistent with the Provincial Planning Statement;
- The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and
- The proposal complies with the Middlesex Centre Comprehensive Zoning By-law.
AND FURTHER THAT Zoning By-law Amendment application ZBA-22-2024, filed by Bondeesue Holdings (Dan Brown) on behalf of Mark Watson, to rezone the subject land from the ‘Agricultural (A1)’ zone to the ‘Farm Industrial exception 5 (M3-5)’ and ‘Agricultural exception 52 (A1-52)’ zones for the land legally described as Concession 8 N Pt Lot 8 (former Township of London) and known as 15309 Nine Mile Road, Municipality of Middlesex Centre, be APPROVED and that the implementing By-law be forwarded to Council for consideration once a deposited reference plan has been provided to the satisfaction of the Municipality.