THAT Zoning By-law Amendment application (ZBA-10-2022), filed by SBM Limited on behalf of JTW Farms Inc. and as amended by staff, to rezone the subject land from the ‘Agricultural (A1)’ zone to the ‘Farm Industrial exception 5 (M3-5)(h-10)’ and ‘Agricultural exception 53 (A1-53)’ zones for the land legally described as Concession 14 S PT Lot 25 (former Township of London), Municipality of Middlesex Centre and known as 13326 Fourteen Mile Road, be APPROVED;
AND THAT Zoning By-law Amendment application (ZBA-17-2024) for a temporary use zone, filed by SBM Limited on behalf of JTW Farms Inc., 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 13326 Fourteen Mile Road, Municipality of Middlesex Centre, 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 or conversion in an office as an accessory use;
AND THAT the Owner must also obtain a change of use permit if they are to convert the existing dwelling into an office as an accessory use;
AND THAT Consent Application B-17/2024, filed by SBM Limited on behalf of JTW Farms Inc. for lands legally described as Part of Lot 4, Concession 14 S PT Lot 25 (former Township of London), Municipality of Middlesex Centre and known as 13326 Fourteen Mile Road, be GRANTED subject to conditions;
AND FURTHER THAT Consent B-17/2024 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 met.
- 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-17/2024 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-17/2024 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 a Zoning By-law Amendment that recognizes the undersized nature of the remnant farm parcel and farm industrial use on the severed parcel of Consent B-17/2024 be in full force and effect.
- That the severed land requires its own entrance, address and any laneway connecting the retained and severed land shall be altered in such a way that one cannot travel from one parcel of land to the other.
- That the hydro service for the severed lands be fully within the boundary of the proposed severed lot.
- That the owner pay a cash-in-lieu of parkland dedication in the amount identified within the Municipality’s Fees and Charges By-law.
- That an address be assigned and number erected for the retained agricultural parcel.
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That the Owner will be required to dedicate lands up to 13 m from the centerline of construction of Hyde Park Road across the retained parcel to the Municipality of Middlesex Centre for the purposes of road widening if the right-of-way is not already to that width.
AND FURTHER THAT the reasons for granting Consent Application B-17/2024 include:
- The proposal is consistent with the Provincial Planning Statement, 2024;
- The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and
- Subject to the conditions, the proposal would comply with the Middlesex Centre Comprehensive Zoning By-law.