Middlesex Centre Council Agenda
Regular Meeting of Council

Wednesday, June 19, 2024 at 3:30 P.m. - 8:30 P.m.

Hybrid Council Meeting (Virtual and In-Person)

13168 Ilderton Road / Virtual

Ilderton, Ontario, N0M 2A0

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1.

CALL TO ORDER

Mayor DeViet to call the meeting to order at 3:30 p.m. Council will proceed directly into a closed session and will resume the regular meeting at 5:30 p.m. where open session items will be considered.

Members of the public are invited to participate in this meeting of Council by attending the meeting in-person at the Ilderton Community Centre located at 13168 Ilderton Rd, Ilderton, ON N0M 2A0.

Members of the public may also access the meeting which will be live-streamed on our Middlesex Centre YouTube channel or by contacting the Municipal Clerk to receive a registration link to join the meeting electronically.

Members of the public wishing to appear as a delegation can register for the meeting by visiting middlesexcentre.ca/participating-council-meetings or by contacting the Municipal Clerk at [phone] by 4:30 p.m. on the Monday of the week of the scheduled meeting. All requests to delegate are subject to the provisions of the Middlesex Centre Procedure By-law.

Members of the public can choose to delegate in-person or by electronic participation. Accessible formats and communication supports are available upon request.

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.

ADOPTION OF THE MINUTES

4.1

Minutes of the June 5, 2024 Regular Council Meeting

• THAT the minutes of the Middlesex Centre Council meeting held on June 5, 2024 be adopted as printed.

4.2

Minutes of the June 5, 2024 Striking Committee Meeting

• THAT the minutes of the Middlesex Centre Striking Committee meeting held on June 5, 2024 be adopted as printed.

5.

CLOSED SESSION

• THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at ________ pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters:

  Section 239 (2)(e)  litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (OLT File Update);

  Section 239 (2)(f)  advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Development Litigation Matter - Ward 4);

5.1

CALL TO ORDER

5.2

DISCLOSURE OF PECUNIARY INTEREST

5.3

MINUTES OF PREVIOUS CLOSED SESSION

5.3.1

Minutes of the May 8, 2024 Closed Session

5.3.2

Minutes of the June 5, 2024 Closed Session

5.4

CLOSED SESSION ITEMS

5.4.1

OLT File Update

5.4.2

Development Litigation Matter - Ward 4

5.5

ADJOURNMENT

6.

DELEGATIONS, PRESENTATIONS AND PETITIONS

6.1

2023 Financial Statements Overview

Christene Scrimgeour of Scrimgeour & Company CPA Professional Corporation will be in attendance to present the 2023 draft Financial Statements for the Municipality of Middlesex Centre

• THAT the 2023 Audited Draft Financial Statements for the Municipality of Middlesex Centre be adopted as printed.

7.

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 7.1 through 7.2 listed on the June 19, 2024 agenda be adopted as recommended.

7.1

Middlesex County Development Charge Study

• THAT Report BLD-05-2024, re; Middlesex County Development Charge Study be received;

  AND THAT comments outlined in the Summary of this report be provided back to Middlesex County (see end of report).

7.2

Budget to Actual May 2024

• THAT Budget to Actual Report CPS-38-2024 for May 2024 be received as information.

8.

STAFF REPORTS

8.1

Application for Official Plan Amendment (OPA 63) and Zoning By-law Amendment (ZBA-18-2023) for 13339 Ilderton Road

• THAT Official Plan Amendment application (File: OPA 63), as amended, filed by Michael Juba, Hasan Rosanally, and Bradley Linton, to redesignate the land to ‘Settlement Commercial’ for lands known as 13339 Ilderton Road, be ADOPTED and forwarded to the County of Middlesex for consideration of approval;

  AND THAT Zoning By-law Amendment application (File: ZBA-18-2023), as amended, filed by Michael Juba, Hasan Rosanally, and Bradley Linton, to rezone the lands to a new site-specific ‘Village Commercial exception 20 (C1-20)’ Zone, for lands known as 13339 Ilderton Road, be APPROVED.

9.

PUBLIC MEETINGS

• THAT the Committee of Adjustment adjourn at ____ pm and Council resume thier 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 June 19, 2024 Council agenda.

9.1

Application for Zoning By-law Amendment (ZBA-04-2024) for 101 Queen Street; Filed by Monteith Brown Planning Consultants Ltd. on behalf of G-Lover Holding Inc.

• THAT Zoning By-law Amendment application (ZBA-04-2024), as amended, filed by Monteith Brown Planning Consultants Ltd. on behalf of G-Lover Holding Inc., to rezone the lands from ‘Existing Use exception 3 (EU-3)’ to ‘Light Industrial exception 4 (M1-4)’ for the land known legally as Concession 2 Pt Lot 6 RP 33R21400 Part 1 (Lobo), Municipality of Middlesex Centre, be APPROVED.

9.2

Application for Zoning By-law Amendment (ZBA-05-2024) for 14111 Thirteen Mile Road; Filed by Ken Filson on behalf of 2833848 Ontario Limited

• THAT Zoning By-law Amendment Application (ZBA-05-2024), filed by Ken Filson on behalf of 2833848 Ontario Limited, to rezone the lands known as 14111 Thirteen Mile Road from ‘Agricultural (A1)’ to ‘Surplus Residence (SR)’ and ‘Agricultural – No Residences (A3)’ for the severed and retained lands of consent application B-6/23, be APPROVED.

9.3

Consent Application (B-10/2024), 15601 Ilderton Road

• THAT Consent Application B-10/2024, filed by Pol Associates Inc. on behalf of Paul Smibert and Natasha Smibert, in order to sever a lot with a frontage of 342 m (1,122 ft) on Clarke Road and a lot area of 42 ha (103 ac), from an existing 84 ha (206 ac) agricultural property legally described as Concession 10 Pt Lots 5 and 6 (former Township of London), in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 15601 Ilderton Road; be GRANTED subject to conditions.

  AND THAT Consent B-10/2024 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-10/2024 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-10/2024 be paid in full.
  7. That, if necessary, a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner.
  8. That an address be assigned and number erected for the severed agricultural parcel.

  AND FURTHER THAT the reasons for granting Consent Application B-10/2024 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
  • The proposal complies with the Middlesex Centre Comprehensive Zoning By-law.

9.4

Consent Application (B-11/2024), 12147 Greystead Drive

• THAT Consent Application B-11/2024, filed by Fourteen Mile Farms Ltd., in order to sever a residence surplus to a farm operation as a result of consolidation, from a lot legally described as Concession 11 Part Lot 23, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 12147 Greystead Drive; be GRANTED subject to conditions.

  AND THAT Consent B-11/2024 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-11/2024 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 the Owner enter into a severance agreement with the Municipality in order to advise future owner of the severed lot of Consent B-11/2024 of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended.
  7. That any outstanding property taxes for the severed and retained lots of Consent B-11/2024 be paid in full.
  8. That, if necessary a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner.
  9. That a Zoning By-law Amendment that recognizes the residential use of the severed lot and prohibits any additional residential use on the retailed lot of Consent B-11/2024 be in full force and effect.
  10. That the Owner provide confirmation that the private sewage disposal system that services the residence on the severed lot of Consent B-11/2024 is wholly contained on the said lot and that a 100% contingency area exists, to the satisfaction of the Municipality.
  11. 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.
  12. That the hydro service for the severed lands be fully within the boundary of the proposed severed lot.
  13. That an address be assigned and number erected for the retained agricultural parcel.
  14. That no livestock shall be maintained on the severed lands by demonstrating that the existing accessory buildings do not contains any stalls or pens and that a structural engineering confirm the building meets the standards of a residential accessory building, to the satisfaction of the Chief Building Official.

  AND FURTHER THAT the reasons for granting Consent Application B-11/2024 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 would comply 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 12.5 listed on the June 19, 2024 agenda be received as information.

12.1

Zoning By-law Amendment Application and Official Plan Amendment Application 13339 Ilderton Rd. - Letter of Correspondence

12.2

Planning Reform - Bill 185 and the Proposed Provincial Planning Statement

12.3

Western Ontario Wardens Caucus - May 2024 Monthly Update

12.4

Drinking Water Source Protection - Call for Applicants

12.5

Bluewater Recycling Association - May 2024 Board of Directors Meeting Highlights

13.

COUNTY COUNCIL UPDATE

14.

OTHER BUSINESS

15.

BY-LAWS

• THAT By-Laws 2024-024, 2024-031 and 2024-053 through 2024-058 listed on the June 19, 2024 agenda be adopted as recommended.

15.1

2024-024

Third and Final reading

Being a by-law of the Corporation of the Municipality of Middlesex Centre to provide for a drainage works to be known as the Needham Municipal Drain

15.2

2024-031

Third and Final reading

Being a by-law of the Corporation of the Municipality of Middlesex Centre to provide for a drainage works to be known as the Nixon Stokes Municipal Drain.

15.3

2024-053

Being a by-law to amend the Middlesex Centre Comprehensive Zoning By-law number 2005-005 with respect to Concession 2 PT Lot 6 RP 33R21400 Part 1 (geographic Township of Lobo), Municipality of Middlesex Centre, roll number: 393900005015903.

15.4

2024-054

Being a by-law to amend the Middlesex Centre comprehensive Zoning By-law number 2005-005 with respect to Concession 12 N PT Lot 18 (geographic Township of London), Municipality of Middlesex Centre, roll number: 393903408006000.

15.5

2024-055

Being a by-law to amend by-law 2022-109 regarding the appointment of members of Council and members of the public to the committees of Council and local boards of the Municipality of Middlesex

15.6

2024-056

Being a By-Law to adopt Amendment No. 63 to the Official Plan of Middlesex Centre

15.7

2024-057

Being a by-law to amend the Middlesex Centre Comprehensive Zoning By-law number 2005-005 with respect to Concession 10 PT LOT 25 RP 33R9311 PART 1 RP 33R19132 PART 2 (geographic Township of London), Municipality of Middlesex Centre, roll number: 393903408026800.

15.8

2024-058

Being a By-law of the Corporation of the Municipality of Middlesex Centre to adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on June 19, 2024.

16.

ADJOURNMENT

• THAT the Council for the Municipality of Middlesex Centre adjourns the June 19, 2024 Council meeting at ___ p.m.