Middlesex Centre Council Agenda
Regular Meeting of Council

Wednesday, October 27, 2021 at 4:30 P.m. - 9:30 P.m.

Electronic Council Meeting

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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.

COURT OF REVISION - 4:30 p.m.

4.1

Court of Revision for the Komoka Drain - Union Avenue Branch (2nd Sitting)

The Engineer's Report for the Komoka Drainage Works - Union Avenue Branch was previously considered at the August 11, 2021 meeting of Council. The first sitting of the Court of Revision was held on September 8, 2021. This sitting of the Court of Revisions is to hear any new appeals that have arisen from the revised schedule of assessments that was mailed out September 15, 2021

The Court of Revision will proceed as follows:

1. CALL TO ORDER

All appeals are required to be received in writing 10 days prior to the date of the Court of Revisions as per the notice provided.

2. ORDER OF APPEALS - no appeals received

2.1 Engineering Evidence

The Engineer will give evidence regarding each appeal before the Court.

2.2 Appellant Comments

Appellants that have submitted an appeal are permitted to address the Court. Written appeals will be heard in the order they were received. The landowners will orally make a case for why their land was improperly assessed before the members of the Court.

3. QUESTIONS FROM THE MEMBERS

Members of the Court of Revision may ask questions of the Engineer or staff.

4. DELIBERATIONS OF THE COURT OF REVISION

The Court of Revision members (if required) will retreat to deliberate the appeals and make the decision in private.

If the Court is considering reducing an assessment adding it to a property whose owner is not present, then the Court of Revision will adjourn and notice sent to the absent parties to allow them to appeal the change, then reconvene per s. 53 of the Act.

5. DECISION

All parties to the drain will receive written notice of the Court of Revision decision which will contain additional information on the process to appeal the decision of the Court of Revision to the Ontario Drainage Tribunal.

6. ADJOURNMENT OF THE COURT OF REVISION

5.

DELEGATIONS, PRESENTATIONS AND PETITIONS

See Item 10.5 Applications for Official Plan Amendment (OPA 46) and Zoning By-law Amendment (ZBA 20 2019); Filed by Ric Knuston, on behalf of 1571145 Ontario Limited c/o Todd and Cole Powell; 22447 Komoka Road. for (2) petitions 

6.

ADOPTION OF THE MINUTES

6.1

Minutes of the October 13, 2021 Council Meeting

• THAT the minutes of the Middlesex Centre Council meeting held on October 13, 2021 be adopted as printed.

7.

CONSENT AGENDA

Items listed under the Consent Agenda are considered routine and may require discussion but no action on the part of Council. Consent items are received in one motion. Council members may request that one or more item be removed for further action.

• THAT Items 7.1 through 7.8 listed on the Consent Agenda for October 27, 2021 be adopted as recommended.

7.1

Community Futures Program – Distribution of Funding in 2020

• THAT Report CAO-27-2021, re: Community Futures Program – Distribution of Funding in 2020 be received for information.

7.2

Regulatory Proposals under the Conservation Authorities Act

• THAT Report CAO-28-2021, re: Regulatory Proposals under the Conservation Authorities Act be received for information.

7.3

Third Quarter 2021 Building Activity Summary

• THAT the Third Quarter 2021 Building Activity Summary be received for information.

7.4

Middlesex Centre Winter Operations Plan

• THAT Council endorse the Winter Operations Planning Document for the Municipality of Middlesex Centre as attached in Appendix A;

  AND THAT Council endorse the Viral Pandemic Emergency Winter Maintenance Operations Plan as attached in Appendix B.

7.5

Temporary Vehicle Utilization due to the COVID-19 Pandemic

• THAT Report PWE 36-2021 regarding Temporary Vehicle Utilization due to the COVID-19 Pandemic be received;

  AND THAT staff be authorized to carry forward with the temporary use of vehicle 7107 (Grey 2014 Dodge Ram 2500 Crew Cab SXT) for PWE-Transportation until a new ¾ ton truck has been delivered after which time it will be disposed of in accordance with Council Policy.

7.6

Sidewalk and Street Light Survey Results

• THAT Report PWE-38-2021, re: Sidewalk and Street Light Survey Results be received for information.

7.7

Encroachment By-Law

• THAT Council receive for information Report PWE 30-2021 Encroachment By-Law;

  AND THAT Council endorse the Encroachment By-Law as found in Appendix A;

  AND THAT Council delegate; approval, rejection, or termination of encroachment agreements to the Director of Public Works and Engineering for the Municipality of Middlesex Centre;

  AND THAT Council approve amendments to the Fees and Charges By-law consistent with the fees and charges as identified in the Encroachment By-Law Report PWE 31-2021, and encroachment By-Law found in Appendix A ;

  AND FURTHER THAT Council approve that the annual rental charge be added to the property taxes.

7.8

Application for Plan of Condominium Exemption for Design for Happiness Phase 1 filed by Design for Happiness (DFH) Inc. on behalf of Middlesex Centre (File: 39T-MC-CDM2102)

• THAT Council passes a resolution in support of the requested exemption from the condominium approval process as set out in 9(6) and 9(10) of the Condominium Act as requested by Design for Happiness for the lands legally described as Phase I Part of Lot 6, Concession 2, being Part 4, Plan 33R-21081, Municipality of Middlesex Centre, County of Middlesex Being Part of PIN 09664-059, Municipality of Middlesex Centre;

  AND THAT the Clerk forward the resolution to Middlesex County Council for consideration of the exemption request.

8.

STAFF REPORTS

8.1

Municipal Lighting

• THAT Report PWE 32-2021, re: Municipal Lighting be received;

  AND THAT Council confirms utilization of existing standards and By-laws as it relates to Municipal Lighting.

9.

COMMITTEE OF ADJUSTMENT - 6:00 P.M.

• THAT Council adjourn its regular meeting at 6:00 pm in order to sit as a Committee of Adjustment under Section 45 of The Planning Act R.S.O., 1990, as amended, to consider the Minor Variance applications listed on the October 27, 2021 Agenda.

9.1

Application for Minor Variance (File No. A-25/2020)

• THAT Minor Variance Application A-25/2020, filed by Callon Dietz Land Surveyors on behalf of David Walker for relief from the Comprehensive Zoning By-law’s maximum size, and height of an accessory building, where the applicant is requesting a maximum size of 200 m² (2,152.7 ft²), whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m² (538.0 ft²) of gross floor area or three percent (3%) lot coverage for all accessory buildings, and to permit a maximum height of 8.8m (28.8 ft), whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum height of 5.5m (18 ft), for a lot legally described as Part of Lot 14, Plan 305, in the Municipality of Middlesex Centre, in the County of Middlesex, and municipally known as 147 Harris Road, be GRANTED subject to the following conditions;

  AND THAT the accessory buildings be constructed in the same general location as specified in the application submission;

  AND FURTHER THAT the reasons for granting Minor Variance Application A-25/2020 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.

9.2

Application for Minor Variance (File No. A-31/2021)

• THAT Minor Variance Application A-23/2021, filed by Frank Lepore, for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 125 square metres (1,345 square feet) or 6 percent lot coverage for all accessory buildings, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 11 to 12, Block B, Plan 76, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 111 Erie Ave, be GRANTED;

  AND THAT the reasons for granting Minor Variance Application A-31/2021:

  • 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.

9.3

Application for a Minor Variance (A-32/2021); 21462 Clarke Road

• THAT Minor Variance Application A-32/2021, filed by Zelinka Priamo Ltd. (Matt Campbell), on behalf of Try Recycling (S/L) Inc, for relief from the Comprehensive Zoning By-law in order to permit an interpretation of a defined use, that being a Recycling Facility, to permit organics recycling, including materials such as food waste, in addition to those products currently included in the definition, for a property legally described as Part of Lot 4, Concession 6 North, in the Township of Middlesex Centre, County of Middlesex, and municipally known as 21462 Clarke Road, be GRANTED, subject to the following conditions:

  THAT the interpretation applied to the term ‘organics’ shall not include the recycling of biosolids (e.g. sanitary waste) and / or deadstock.

  AND THAT the reasons for granting Minor Variance Application A-32/2021:

  • 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.

9.4

Application for Minor Variance (File No. A-33/2021)

• THAT Minor Variance Application A-5/2021, filed by Luke Oslizlo on behalf of Jason Borbath, for relief from the Comprehensive Zoning By-law in order to establish an interior side yard and rear yard setback of 0.6 metres (2 feet) on the north interior side yard and rear yard setback of 0.6 metres (2 feet) for an accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum interior side yard and rear yard setback for an accessory building of 1.5 metres (4.9 feet); and to permit a maximum size of 42.3 square metres (455 square feet) for the accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 11, Plan 33M572 in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 126 Prince Street, be GRANTED;

  AND THAT the reasons for granting Minor Variance Application A-33/2021:

  • 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.

9.5

Application for Minor Variance (File No. A-34/2021)

• THAT Minor Variance Application A-34/2021, filed by Thomas Weishar, on behalf of Reinier and Debra Janssen, for relief from the Comprehensive Zoning By-law, in order to establish a reduced Minimum Distance Separation l for a new single detached dwelling from an existing livestock facility at 78.72 metres, whereas Middlesex Centre Comprehensive Zoning By-law based on Minimum Distance Separation l calculations would require a minimum of 181 metres to a new single detached dwelling, for a property legally described as Part of Lot 5, Concession 13, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED;

  AND THAT the reasons for granting Minor Variance Application A-34/2021:

  • 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.

10.

PUBLIC MEETINGS

• THAT Council rise from Committee of Adjustment and move into Public Meetings at ________pm pursuant to the Planning Act, R.S.O. 1990, c. P13, as amended, to consider the following applications:

10.1

Applications for Official Plan Amendment (OPA 56) and Zoning By-law Amendment (ZBA-14-2021), filed by Logan Burnett on behalf of Robert Walker

• THAT Report PLA-82-2021 regarding the Official Plan Amendment No. 56 and ZBA-14-2021 for the lands known as 10432 Melrose Drive, be RECEIVED FOR INFORMATION.

10.2

Zoning By-law Amendment (File: ZBA 17-2021); 10915, 10929 and 11157 Longwoods Road

• THAT the direction by Council to place a Holding Symbol (h-2), which the precondition for the removal of the holding symbol shall be a site plan agreement entered into with the Municipality, on the lands known as 10915, 10929 and 1157 Longwoods Road, and legally known as Concession 1 Part Lot 6 RP 33R17432 Part 9, former Township of Delaware, Middlesex Centre, be APPROVED.

10.3

Applications for Plan of Subdivision (39T-MC0204) and Zoning By-law Amendment (ZBA 2017); Springer Pond Developments Inc.; 45 Springer Street

• THAT Report PLA-92-2021 regarding the proposed Plan of Subdivision (File: 39T-MC0204) and Zoning By-law Amendment (File: ZBA 2017) for lands known as 45 Springer Street, be RECEIVED FOR INFORMATION.

10.4

Application for Zoning By-law Amendment (ZBA-18-2021) for 14176 Twelve Mile Road; Filed by Paul Willer on behalf of Margaret Corsaut

• THAT Zoning By-law Amendment Application (ZBA-18-2021), filed by Paul Willer on behalf of Margaret Corsaut for the severed and retained lands of consent application B-23/20 in order to implement the severance of a surplus farm residence, be APPROVED.

10.5

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

• THAT Report PLA-81-2021 regarding the Official Plan Amendment (OPA 46) and Zoning By-law Amendment (File: ZBA 20 2019) for lands known as 22447 Komoka Road, be RECEIVED FOR INFORMATION.

10.6

Applications for Plan of Condominium (39T-MC-CDM2101), Official Plan Amendment (OPA 57) and Zoning By-law Amendment (ZBA-16-2021) for lands known as 6, 10, and 14 Elmhurst Street (Kilworth); Filed by LDS Consultants Inc. (Anthony Gubbels)

• THAT Report PLA-83-2021 regarding Zoning By-law Amendment application (ZBA-16-2021), Official Plan Amendment application (OPA 57), and Plan of Condominium application (39T-MC-CDM2101) filed by LDS Consultants Inc. on behalf of Sweid Holdings Inc., for lands known as 6, 10, and 14 Elmhurst Street in Kilworth be RECEIVED FOR INFORMATION.

11.

NOTICE OF MOTION

12.

CORRESPONDENCE

• THAT the Correspondence items 12.1 through to 12.6 be received as information.

12.1

Ausable Bayfield Conservation Authority - September 16, 2021 Board Minutes

12.2

Ausable Bayfield Conservation Authority - October 14, 2021 Board Minutes

12.3

St. Clair Region Conservation Authority - General Manager Announcement

12.4

Enbridge Gas - Natural Gas Rates Notification

12.5

Ministry of Municipal Affairs and Housing - Enhanced COVID-19 Vaccine Certificate

12.6

Middlesex County Office of the Warden - 2021 Middlesex County Warden’s Charity Golf Tournament

13.

COUNTY COUNCIL UPDATE

14.

OTHER BUSINESS

15.

BY-LAWS

• THAT By-Law 2021-087 and By-Laws 2021-095 through 2021-098 be adopted as printed.

15.1

2021-087 Being a by-law of the Corporation of the Municipality of Middlesex Centre to provide for a drainage works to be known as the Vande Borne Municipal Drain

15.2

2021-095 Being a by-law of the Corporation of the Municipality of Middlesex Centre to permit encroaching upon public highways and lands through agreement

15.3

2021-096 Being a by-law to authorize the borrowing of $40,000.00 upon debentures towards the cost of constructing certain drains and drainage works

15.4

2021-097 Being a by-law to amend the Middlesex Centre comprehensive Zoning By-law number 2005-005 with respect to Concession 12 S Part Lot 18 (geographic Township of London), Municipality of Middlesex Centre, roll number: 393903408007400

15.5

2021-098 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 October 27, 2021

16.

ADJOURNMENT

• THAT the Council for the Municipality of Middlesex Centre adjourns the October 27, 2021 Council meeting at ___ p.m.