Middlesex Centre Council Agenda
Regular Meeting of Council

Wednesday, April 20, 2022 at 5:00 P.m. - 8:00 P.m.

Electronic Council Meeting

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1.

CALL TO ORDER

Mayor DeViet to call the meeting to order at 5:00 p.m.

Members of the public are invited to participate in this meeting of Council by accessing 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 being held electronically.

2.

ADDITIONS TO THE AGENDA

The following items have been added to the April 20, 2022 Council agenda under the heading of correspondence:

11.9.    Rick and Ingrid Boulter - Item 9.3 - Application for Consent (B-01-2022) and (B-05-2022)        
11.10.  LDS Consultants Inc - Application for Official Plan Amendment (OPA 46) and Zoning By-law Amendment 
11.11.    Bill Clifford - Application for Official Plan Amendment (OPA 46) and Zoning By-law Amendment     
11.12.    Plan Logic Consulting Inc - Official Plan Review - 11110 Melrose Drive        
11.13.    Monteith Brown Planning Consultants - Official Plan Review - 10915 Longwoods Road        
11.14.    IBI Group - Official Plan Review - Farhi Developments

11.15.    Sifton Properties - Official Plan Review - Part Lots 5 and 6 Concession 2        
11.16.    WoodBull LLP - Applications for Official Plan Amendment (OPA 46) and Zoning By-law Amendment (ZBA 20 2019)

The following items have been added to the April 20, 2022 Council agenda under the heading of by-laws:

14.5.    2022-041        
Being a By-law of the Corporation of the Municipality of Middlesex Centre to authorize the Treasurer or his/her designate, to process tax adjustments under Sections 354, 356, 357, 358, and 359 of the Municipal Act, 2001

14.6.    2022-042        
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 20, 2022

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

OFFICIAL PLAN REVIEW

To register to speak, send your request via email to [e-mail].

Phone requests may be made to the Middlesex Centre Municipal Clerk if email is not available.

Interested individuals are encouraged to register by 12:00 noon on Tuesday, April 19, 2022.

Additional project details, including further registration information can be found at: 

www.middlesexcentre.on.ca/town-hallplans-strategies/official-plan-review

Matt Alexander will be in attendance on behalf of WSP Consultants to provide an overview of the Official Plan Review Presentation.

5.

ADOPTION OF THE MINUTES

5.1

Minutes of the April 6, 2022 Council Meeting

• THAT the minutes of the April 6, 2022 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 Items 6.1 through 6.10 listed under the heading of Consent Agenda for April 20, 2022 be adopted as recommended.

6.1

First Quarter 2022 Building Permit Report

• THAT Report BLD-02-2022 re: First Quarter 2022 Building Permit Report be received as information.

6.2

Bill 109 – More Homes for Everyone Act

• THAT Report CAO-12-2022, re: Bill 109 – More Homes for Everyone Act be received for information.

6.3

Municipal Modernization Funding Program Intake 3 – RFP Project Awards

• THAT Report CAO-13-2022, re: Municipal Modernization Funding Program Intake 3 – RFP Project Awards be received for information.

6.4

Regulatory Proposals under the Conservation Authorities Act – Inventory of Programs and Services

• THAT Report CAO-14-2022, re: Regulatory Proposals under the Conservation Authorities Act – Inventory of Programs and Services be received for information.

6.5

Appointment of Council Representative to the St. Clair Region Conservation Authority Board of Directors

• THAT Report CLK-04-2022 re: Appointment of Council Representative to the St. Clair Region Conservation Authority (SCRCA) Board of Directors be received;
  
  AND THAT Councillor Heffernan be appointed as the Municipality of Middlesex Centre representative to the SCRCA Board of Directors for the remaining duration of the 2018-2022 term of Council.

6.6

Ilderton Farmers Market License Agreement

• THAT Report CMS-06-2022 re: Ilderton Farmers Market License Agreement be received;

  AND THAT the License Agreement set out in Appendix A of this report between the Municipality of Middlesex Centre and the Ilderton Area Business Association be approved;

  AND FURTHER THAT the Mayor and Clerk be authorized to execute any necessary documents to complete the Agreement.

6.7

Budget to Actual March 2022

• THAT the Budget to Actual Report CPS-17-2022 for March 2022 be received as information.

6.8

Treasurer's Statement 2021-Parkland

• THAT the Treasurer Statement Cash in Lieu of Parkland Reserve Fund for 2021 be received.

6.9

Status of the Lake Huron Water Supply System

• THAT Report No. PWE-15-2022 be received;

  AND THAT Council endorse moving forward and evaluating the specifics of a Joint Municipal Board versus a Municipal Service Corporation as the two viable options.

6.10

Streetscan Results 

• THAT Report PWE-16-2022, re: Streetscan Results be received for information.

7.

STAFF REPORTS

7.1

CAO-15-2022 Adoption of Comprehensive Official Plan

• THAT Report CAO-15-2022 re: Adoption of Official Plan Amendment No. 59 Comprehensive Official Plan Review be received;

  AND THAT pursuant to Report CAO-15-2022, a By-law be prepared for Council’s consideration to Approve and Adopt the 2022 Middlesex Centre Comprehensive Official Plan;

  AND FURTHER THAT the Official Plan Amendment No. 59 be adopted and submitted to the County of Middlesex for approval.

7.2

Applications for Official Plan Amendment (OPA 46) and Zoning By-law Amendment (ZBA 20 2019); Filed by Ric Knutson, on behalf of 1571145 Ontario Limited c/o Todd and Cole Powell; 22447 Komoka Road.

• THAT Official Plan Amendment (OPA 46), as amended, for lands known legally as Concession 1 N Part Lot 4 RP 33R16300 Part 1 (former Township of Lobo), and known municipally as 22447 Komoka Road, Municipality of Middlesex Centre, be ADOPTED and forwarded to the County of Middlesex for consideration of approval;

  AND FURTHER THAT the Zoning By-law Amendment application ZBA-20-2019, as amended, filed by Ric Knutson, on behalf of 1571145 Ontario Limited, to rezone the subject lands from the ‘Restricted Agricultural (A2)’ zone to the site-specific ‘Urban Residential Third Density exception 18 with Hold (UR3-18)(h-2)(h-6)(h-7)’ zone for the property legally described as Concession 1 N Part Lot 4 RP 33R16300 Part 1 (former Township of Lobo), and known municipally as 22447 Komoka Road, Municipality of 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 20, 2022 Council Agenda.

8.1

Application for Minor Variance (File No. A-6/2022)

• THAT Minor Variance Application A-6/2022, filed by Tom and Sue Cates, for relief from the Comprehensive Zoning By-law in order to establish a west interior side yard setback of 1.0 metres (3 feet), and a maximum overall size of 101.6 square metres (1094 square feet) or 5.0 percent lot coverage for all accessory buildings, for a property legally described as Lot 6 and 7, Block R, Plan 109, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 101 Simcoe Ave, be GRANTED, subject to the following conditions:

  THAT the accessory building be constructed in the same general location as shown in the applicants site plan, attached to this report;

  AND THAT eves troughs shall be provided along the side adjacent to the property line in order to ensure roof water collections, and all downspouts are to be faced away from the lot line;

  AND FURTHER THAT the reasons for granting Minor Variance Application A-6/2022:

  • 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.

9.

PUBLIC MEETINGS

To register to speak, send your request via email to [e-mail].

Phone requests may be made to the Middlesex Centre Municipal Clerk if email is not available.

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

  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 20, 2022 Council agenda.

9.1

Applications for Official Plan Amendment (OPA 58) and Zoning By-law Amendment (ZBA-02-2022), filed by SBM Limited on behalf of Robert and Margaret Robinson

• THAT Report PLA-24-2022 regarding applications for an Official Plan Amendment (OPA 58) and Zoning By-law Amendment (ZBA-02-2022) for lands known municipally as 10163 Gold Creek Drive, be RECEIVED FOR INFORMATION.

9.2

Application for Consent (B-03/2022) and (B-04/2022)

• THAT Consent Applications B-03/2022 and B-04/2022, filed by Leonard Beeler, Adrian Beeler, and Charlotte Beeler, in order to sever two residential lots from a 2,006 square metre (0.49 ac) residential property, in order to facilitate the construction of a single-detached dwelling on the severed lots, each having a frontage of approximately 17.67 metres (58 feet) along Delaware Street Central, a depth of 35.72 metres (117 feet) and an area of approximately 631 square metres (0.16 acres), and the retained a frontage of approximately 19.5 metres (64 feet), and an area of approximately 698 square metres (0.17 acres), from a property legally described as Lots 11 and 12, Block K, Plan 76, Municipality of Middlesex Centre; be GRANTED.

  AND THAT Consent B-03/2022 and B-04/2022 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-03/2022 and B-04/2022, 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-03/2022 and B-04/2022 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 Queen 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-03/2022 and B-04/2022 being satisfied, the owner shall install separate water, stormwater and wastewater service connections to the severed parcels of Consent B-03/2022 and B-04/2022, and that these connections be installed to the satisfaction of the Municipality’s Public Works and Engineering Department.

  10. That the Owner enter into a cost sharing agreement with the Owner at 115 Huron Ave to pay for the extension of municipal services for the severed lots provisionally approved in Consent applications B-03/2022, B-04/2022, and B- 08/2021, to the satisfaction of the Municipality.

  11. That the Owner’s engineer shall apply and receive approval for an ECA related to the extension of municipal services associated with Consent applications B-03/2022, B-04/2022, and B- 08/2021, to the satisfaction of the Director of Public Works and Engineering.

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

  13. 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.

  14. 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.

  15. That a demolition permit be required for the dwelling at 116 Delaware Street Central, and that the house be removed prior to the issuance of a certificate of consent.

  16. That the owner, in consultation with CN Railway, register a noise easement against the title of the severed parcel of Consent B-03/2022 and B-04/2022, and that the said easement be to the satisfaction of CN Railway.

  17. That the owner pay a $2,200 cash-in-lieu of parkland dedication to the Municipality.

  18. That the Owners pay to the Municipality $16,866 for the purposes of funding 50% of the future road reconstruction costs of Queen Street to an urban standard along the frontage of the severed lot of Consent B-01/2022, inclusive of curbs, sidewalks and road re-construction.

  AND FURTHER THAT the reasons for granting Consent application B-03/2022 and B-04/2022 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.

9.3

Application for Consent (B-01/2022) and (B-05/2022)

• THAT Consent Applications B-01/2022 and B-05/2022, filed by Bryan Snyder on behalf of Dawna Snyder in order to sever two residential lots from a 2,553 square metre (0.63 ac) residential property, in order to facilitate the construction of two separate single-detached dwellings on the severed lots, each having a frontage of approximately 18.29 metres (60 feet) along Queen Street, a depth of 36.58 metres (120 feet) and an area of approximately 669 square metres (0.17 acres), and the retained a frontage of approximately 34.75 metres (114 feet), and an area of approximately 1,215 square metres (0.3 acres), from a property legally described as Part of Lot 5, Concession 2 (geographic Township of Lobo), Municipality of Middlesex Centre; be GRANTED.

  AND THAT Consent B-01/2022 and B-05/2022 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-01/2022 and B-05/2022, 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-01/2022 and B-05/2022 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 Queen 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-01/2022 and B-05/2022 being satisfied, the owner shall install separate water and wastewater service connections to the severed parcels of Consent B-01/2022 and B-05/2022, and that these connections be installed to the satisfaction of the Municipality’s Public Works and Engineering Department. An ECA will be required for the required extension of the municipal sanitary system along Queen St. with all costs to be borne by the developer.

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

  11. 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.

  12. 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.

  13. That the owner facilitate the undertaking of a geotechnical report by a qualified engineer to ensure that the soil conditions of the severed parcels of Consent B-01/2022 and B-05/2022 can support the footings of new buildings and that the said geotechnical report provide details regarding minimum basement elevations to be permitted on the lots. The geotechnical report is to be to the satisfaction of the Municipality and the Upper Thames River Conservation Authority.

  14. That the owner provide confirmation that the existing shed on the retained parcel of Consent B-01/2022 is in conformity with Middlesex Centre’s Comprehensive Zoning By-law 2005-005 and is located a minimum of 1.5 metres from the new lot line.

  15. That the owner, in consultation with CN Railway, register a noise easement against the title of the severed parcel of Consent B-01/2022 and B-05/2022, and that the said easement be to the satisfaction of CN Railway.

  16. That the owner pay a $2,200 cash-in-lieu of parkland dedication to the Municipality.

  17. That the Owners pay to the Municipality $21,344for the purposes of funding 50% of the future road reconstruction costs of Queen Street to an urban standard along the frontage of the severed lot of Consent B-01/2022, inclusive of curbs, sidewalks, storm sewers, streetlights and road re-construction.

  AND FURTHER THAT the reasons for granting Consent application B-01/2022 and B-05/2022 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.

NOTICE OF MOTION

11.

CORRESPONDENCE

• THAT the Correspondence items 11.1 through 11.16 be received as information.

11.1

Andrew and Rosanna Jefferies - Item 7.1 - Official Plan Review

11.2

Ministry of the Solicitor General - EMCPA Results

11.3

Association of Municipalities of Ontario - CloudPermit - Arnie Marsman Letter of Appreciation

11.4

Middlesex Centre Archives - Annual Report

11.5

Christie Robinson - Item 9.1 - Applications for Official Plan Amendment (OPA 58) and Zoning By-law Amendment (ZBA-02-2022)

11.6

Chantal R - Item 9.1 - Applications for Official Plan Amendment (OPA 58) and Zoning By-law Amendment (ZBA-02-2022)

11.7

James Bain - Item 9.1 - Applications for Official Plan Amendment (OPA 58) and Zoning By-law Amendment (ZBA-02-2022)

11.8

Stuart McLachlan - Item 9.1 - Applications for Official Plan Amendment (OPA 58) and Zoning By-law Amendment (ZBA-02-2022)

11.9

Rick and Ingrid Boulter - Item 9.3 - Application for Consent (B-012022) and (B-052022)

11.10

LDS Consultants Inc - Applications for Official Plan Amendment (OPA 46) and Zoning By-law Amendment (ZBA 20 2019)

11.11

Bill Clifford - Applications for Official Plan Amendment (OPA 46) and Zoning By-law Amendment (ZBA 20 2019)

11.12

Plan Logic Consulting Inc - Official Plan Review - 11110 Melrose Drive

11.13

Monteith Brown Planning Consultants - Official Plan Review - 10915 Longwoods Road

11.14

IBI Group - Official Plan Review - Farhi Developments

11.15

Sifton Properties - Official Plan Review - Part Lots 5 and 6 Concession 2

11.16

WoodBull LLP - Applications for Official Plan Amendment (OPA 46) and Zoning By-law Amendment (ZBA 20 2019)

12.

COUNTY COUNCIL UPDATE

13.

OTHER BUSINESS

14.

BY-LAWS

• THAT By-Laws 2022-037 through 2022-041 listed on the April 20, 2022 Council agenda be approved.

14.1

2022-037

Being a By-Law to adopt Amendment No. 59 to the Official Plan of Middlesex Centre

14.2

2022-038

Being a by-law to amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to Concession 1 N PT Lot 4 RP 33R16300 Part 1 (geographic Township of Lobo), Municipality of Middlesex Centre. Roll number: 393900002001000 

14.3

2022-039

Being a By-Law to adopt Amendment No. 46 to the Official Plan of Middlesex Centre for 22447 Komoka Road

14.4

2022-040

Being a by-law to authorize the Mayor and Clerk to execute a License Agreement between the municipality of Middlesex Centre and Ilderton Area Business Association

14.5

2022-041

Being a By-law of the Corporation of the Municipality of Middlesex Centre to authorize the Treasurer or his/her designate, to process tax adjustments under Sections 354, 356, 357, 358, and 359 of the Municipal Act, 2001

14.6

2022-042

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 20, 2022

15.

ADJOURNMENT

• THAT the Council for the Municipality of Middlesex Centre adjourns the April 20, 2022 Council meeting at ___ p.m.