Middlesex Centre Council Agenda
Regular Meeting of Council

Wednesday, April 28, 2021 at 5:30 P.m. - 9:30 P.m.

Municipal Office, Council Chambers

10227 Ilderton Rd, Coldstream

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1.

CALL TO ORDER

Mayor DeViet to call the meeting to order at 5:30 p.m.

In response to COVID-19 we continue to hold Council meetings electronically. 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.

The Committee of Adjustment and Public Meetings for Planning items will begin at approximately 6:00 p.m.

2.

ADDITIONS TO THE AGENDA

Note: Item 7.1 Proposed Mobile Food Outlet By-law will be considered at a future meeting.

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

Presentation from UWO Students - Local Business Retention and Expansion (BR&E)

5.

ADOPTION OF THE MINUTES

5.1

Minutes of the April 14, 2021 Council Meeting

• THAT the minutes of the Middlesex Centre Council meeting held on April 14, 2021 be adopted as printed.

6.

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 6.1 through to 6.4 listed under the heading of Consent Agenda for April 28, 2021 be adopted as recommended.

6.1

Municipal Code of Conduct Review

• THAT Report CAO-7-2021, re: Municipal Code of Conduct Review be received;

  AND THAT municipal staff be directed to complete the submission with comments as noted in Report CAO-7-2021.

6.2

Age Friendly Community Action Plan

• THAT Report CMS-07-2021 re: Age Friendly Community Action Plan project be received;

  AND THAT the Province of Ontario’s Age Friendly Community Planning Guide appended to Report CMS-07-2021 be received as information.

6.3

Municipal Emergency Management Compliance Report 2020

• THAT Report FS-03-2021 regarding the Municipal Emergency Management Compliance Report 2020 be received.

6.4

Delaware Community Centre – Roof Tender Results

• THAT Report CMS-08-2021 re: Delaware Community Centre, Roof Tender Results be received;

  AND THAT the Delaware Community Centre Roof Replacement Project be awarded to Goodmen Corporation with a total cost of $132,012.00 (excluding HST).

7.

STAFF REPORTS

7.1

Proposed Mobile Food Outlet By-law

7.2

All-Way Stop – Addressing Sight Line and Safety Concerns

• THAT Report PWE 12-2021 regarding All-Way Stop – Addressing Sight Line and Safety Concerns be received

  AND THAT the Parking and Traffic by-law 2019-092 be amended as per Appendix A appended to Report PWE 12-2021.

7.3

2021 Community Improvement Plan Applications

• THAT Report CMS-06-2021 re: 2021 Community Improvement Plan Applications be received;

  AND THAT Council approves the recommendations of the Community Improvement Plan Evaluation Committee for the following projects:

  • This Oak House – Total estimated Façade and Signage Improvement costs of $12,771.26 be approved for a municipal contribution of $4,500.00;
  • Jezebel Soaps – Total estimated Façade and Signage Improvement costs of $348.04 be approved for a municipal contribution of $174.02;
  • King Edward Restaurant - Total estimated Renovation or Construction costs of $3,000.00 be approved for a municipal contribution of $2,500.00;
  • Saker Realty - Total estimated Façade and Signage Improvement costs of $18,710.74 be approved for a municipal contribution of $4,500.00;
  • Compass Rose Wellness - Total estimated Façade and Signage Improvement costs of $8,610.00 be approved for a municipal contribution of $4,305.00;
  • McLachlan Family Syrup - Total estimated Façade and Signage Improvement costs of $12,260.50 be approved for a municipal contribution of $4,500.00 and
  • Parsons Pump Works - Total estimated Façade and Signage Improvement costs of $10,961.00 be approved for a municipal contribution of $4,500.00
  • TomLand Holding Corporation - Total estimated Façade and Signage Improvement costs of $42,950.00 be approved for a municipal contribution of $4,500.00.

8.

COMMITTEE OF ADJUSTMENT

• 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 April 28, 2021 Council agenda.

8.1

Application for Minor Variance (File No. A-5/2021)

• THAT Minor Variance Application A-5/2021, filed by Derek and Amy Raine for relief from the Comprehensive Zoning By-law in order to establish an interior side yard setback of 0.9 metres (2.95 feet) on the north east 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 32 square metres (344.4 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 16, Block K, Plan 76, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 106 St Lawrence Ave, be GRANTED;

  AND THAT the reasons for granting Minor Variance Application A-5/2021:

  • 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.

8.2

Application for Minor Variance (File No. A-6/2021)

• THAT Minor Variance Application A-6/2021, filed by Brock Development Group Inc for relief from the Comprehensive Zoning By-law in order to establish an exterior side yard yard setback of 5.0 metres (16.4 feet) on the side abutting the road and 1.5 metres (5 feet) on the other side, whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum exterior side yard of 8.0 metres (26.2 ft) on one side and 1.5 metres (5 feet) on the other side, for a property legally described as Lot 12, Registered Plan 33M796, Municipality of Middlesex Centre, County of Middlesex and municipally known as 217 Martin Road, be GRANTED, subject to the following conditions:

  AND THAT any future access considered off Harris Road shall require a minimum exterior side yard setback of 6.0 metres (19.6 feet);

  AND FURTHER THAT the reasons for granting Minor Variance Application A-6/2021:

  • 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.

8.3

Application for Minor Variance (File No. A-7/2021)

• THAT Minor Variance Application A-7/2021, filed by Chris Melchers on behalf of Nelly Van Bello and Ray Ouelette, for relief from the Comprehensive Zoning By-law in order to establish an minimum rear yard setback for an attached covered deck of 5.55 metres (18.2 feet), whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum rear yard setback of 8.0 metres (26.2 feet), and to establish a maximum permissible lot coverage of 36 percent, whereas the Middlesex Centre Comprehensive Zoning By-law requires a maximum lot coverage of 35 percent, for a property legally described as Lot 82, Plan 33M746 in the Municipality of Middlesex Centre, County of Middlesex. and municipally known as 240 Edgewater Boulevard, be GRANTED, subject to the following conditions:

  THAT the minimum rear yard setback shall reduction to 5.55 metres (18.2 feet) shall only apply to the deck as shown on the attached drawing, and the remainder of the single detached dwelling shall maintain a minimum 8.0 metre setback as shown on the conceptual site plan;

  AND FURTHER THAT the reasons for granting Minor Variance Application A-7/2021:

  • 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.

8.4

Application for Minor Variance (File No. A-8/2021)

• THAT Minor Variance Application A-8/2021, filed by Morgan Hall and Richie Anand for relief from the Comprehensive Zoning By-law in order to establish an interior side yard setback of 1.5 metres (5 feet) on one side, whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum interior side yard setback of 3.0 metres (10 feet) on both interior side yards, and to permit a pool in the front yard, whereas pools are only permitted in an interior side yard or rear yard, for a property legally described as Part of Lot 12, Concession 12 S, Municipality of Middlesex Centre, County of Middlesex and municipally known as 25235 Nairn Road, be GRANTED, subject to the following condition:

  AND THAT the pool be required to meet the minimum exterior side yard setback as established in the Zoning By-law;

  AND FURTHER THAT the reasons for granting Minor Variance Application A-8/2021:

  • 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.

8.5

Application for Minor Variance (File No. A-9/2021)

• THAT Minor Variance Application A-9/2021, filed by Mike Brennan, on behalf of John and Ted Brennan, for relief from the Comprehensive Zoning By-law in order to establish a reduced interior side yard setback of 9.1 (30 feet), whereas the Middlesex Centre Comprehensive Zoning By-law based on Minimum Distance Separation calculations would require a minimum of 19 metres (62.3 feet), and reduce a front yard setback to 179.8 metres, whereas Middlesex Centre Comprehensive Zoning By-law based on Minimum Distance Separation calculations would require a minimum of 186 metres (610 feet), for a property legally described as Part of Lots 22 and 23, Concession 7 South, Part 2 on reference plan 33R13184, in the Municipality of Middlesex Centre, County of Middlesex and municipally known as 13570 Medway Road, be GRANTED,

  AND THAT the reasons for granting Minor Variance Application A-9/2021:

  • 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.

8.6

Application for Minor Variance (File No. A-10/2021)

• THAT Minor Variance Application A-10/2021, filed by Mike Manuel on behalf of Anna Perzia, for relief from the Middlesex Centre Comprehensive Zoning By-law 2005-005 in order to permit the installation of a swimming pool in the exterior side yard, being closer to the exterior lot line than the single-detached dwelling on the land, as generally shown on the illustration submitted in support of the proposal; for a property legally described as Lot 6, Concession 3, Plan 427, and Lot 12, Part 1 on Reference Plan 34R746, Municipality of Middlesex Centre, County of Middlesex and municipally known as 3657 Woodhull Road; be GRANTED subject to the following condition.

  THAT the swimming pool be constructed in the same general location as specified in the application submission;

  AND THAT the reasons for granting Minor Variance Application A-10/2021 include:

  • The request complies with the general intent and purpose of the Middlesex Centre Official Plan;
  • The request complies with the general intent and purpose of the Middlesex Centre Comprehensive Zoning By-law;
  • The request is minor in nature; and
  • The request represents appropriate development on the subject property.

8.7

Application for Minor Variance (File No. A-24/2020)

• THAT Minor Variance Application A-24/2020, filed by Zelinka Primao Ltd c/o Dave Hannam on behalf of Kilworth Business Park for relief from the Municipality’s Comprehensive Zoning By-law’s minimum front yard setback to 4.36 metres (14.3 feet), whereas the Zoning By-law requires a minimum front yard setback of 10.0 metres (33 feet), and to reduce the minimum rear yard setback requirement to 2.78 metres (9.12 feet), whereas the Zoning By-law requires a minimum rear yard setback of 10 metres (33 feet) for a lot legally described as Block 1 on Plan M324 and municipally known as 22499 Jefferies Road, be GRANTED.

  AND THAT reasons for granting Minor Variance Application A-24/2020 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.

PUBLIC MEETINGS

Members of the public that wish to participate in a public meeting electronically are asked to notify the Municipal Clerk before Tuesday, April 27, 2021 at 4:30 p.m. and provide the following information; First and Last Name, Mailing Address, the Application Number they wish to speak to along with any prepared speaking notes. 

Please email [e-mail] to submit a request to participate.

Any questions in regards to the following applications should be directed to the appropriate Planner on file.

• Motion to Consider Planning Public Meetings

  THAT Committee of Adjustment reconvene as Council to move into Planning Public Meetings pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the  planning applications listed on the April 28, 2021 Agenda.

9.1

Application for Zoning By-law Amendment (ZBA-07-2021) for 10107 Elviage Drive; Filed by Ryan Parker and 2375430 Ontario Limited

• THAT Zoning By-law Amendment application (ZBA-07-2021), filed by Ryan Parker and 2375430 Ontario Limited, 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, be APPROVED;

  AND THAT the owner be required to enter into a Temporary Use Agreement with the Municipality and submit a deposit of $10,000 to ensure the removal of the existing residence.

9.2

Application for Consent (Easement) (File No. B-4/2021 and B-5/2021)

• THAT Consent Applications B-04/2021 and B-05/2021, filed by Strik Baldinelli Moniz Ltd, in order to establish a shared access easement for a common driveway to 21603 Richmond Street from 21599 Richmond Street, with the easement being located on two properties legally described as legally described as Part of Lot 17, Concession 7, Part 1 on Reference Plan 33R8329, and Part of Lot 17, Concession 7, in the Municipality of Middlesex Centre, County of Middlesex, known municipally as 21603 and 21599 Richmond Street; be GRANTED;

  AND THAT Consent B-04/2021 be subject to the following conditions:

  1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year 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 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-04/2021 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.

  4. That the Owners’ 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 Owners’ 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 subject lands of Consent B-04/2021 be paid in full.

  AND THAT Consent B-05/21 be subject to the following conditions:

  1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year 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 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-05/2021 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.

  4. That the Owners’ 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 Owners’ 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 subject lands of Consent B-05/2021 be paid in full.

  AND FURTHER THAT the reasons for granting Consent Applications B-04/2021 and B-05/2021 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.
  • The request represents appropriate development on the subject property.

9.3

Application for Zoning By-law Amendment (ZBA-03-2021) for 311 George Street; Filed by Gold Leaf Properties

• THAT Report PLA-32-2021 regarding Zoning By-law Amendment application (ZBA-03-2021) filed by Gold Leaf Properties, be RECEIVED FOR INFORMATION.

9.4

Application for Zoning By-law Amendment (ZBA-06-2021) for 131 Harris Road; Filed by Phil Pattyn

• THAT Zoning By-law Amendment application (ZBA-06-2021), as amended, for 131 Harris Road filed by Phil Pattyn to rezone the severed parcel from ‘Existing Use (EU)’ to ‘Community Residential First Density (CR1)’, and to rezone the retained parcel from ‘Existing Use (EU)’ to ‘Community Residential First Density exception 5 (CR1-5)’ be APPROVED.

• Close of Public Meeting(s)

  THAT Planning Committee does now close the Planning Public Meetings and reconvene the regular meeting of Council at ______ p.m.

10.

CORRESPONDENCE

• THAT Items 10.1 through to 10.6 listed under the heading of Correspondence for April 28, 2021 be received as information.

10.1

Ministry of Agriculture, Food and Rural Affairs - Agri-Food Workplace Protection Program

10.2

Ministry of the Solicitor General - Enhanced Enforcement and New Order

10.3

Letter to Premier Ford - Middlesex County Business Survey Results

10.4

Statistics Canada - 2021 Census Update

10.5

CN Rail - 2021 Vegetation Program

10.6

Ministry of the Solicitor General - Emergency Preparedness Week

11.

COUNTY COUNCIL UPDATE

12.

OTHER BUSINESS

12.1

Confirmation of Council Appointment to the Bluewater Recycling Association Board

A resolution of Council is required in order to confirm the appointment of a member of Council to the Bluewater Recycling Association Board of Directors in order to fill the vacant seat.

• THAT Council confirm the appointment of Ward 4 Councillor Sue Cates as the representative to the Bluewater Recycling Association for the remainder of the 2018-2022 term of Council.

12.2

Mayor DeViet - Municipal Illumination Standards

Mayor DeViet provided notice of the following motion regarding municipal illumination standards at the April 14, 2021 Council meeting. The matter may now be considered by Council.

• WHEREAS the appropriate standards and effective management of illumination in Ontario communities is a topic of increasing interest to many groups and individuals;

  AND WHEREAS the best practices and industry standards for surrounding effective illumination practices are changing with the introduction of new green technologies which promote energy conservation as part of effective lighting techniques;

  AND WHEREAS Municipalities have the authority to enact by-laws and policies which help to standardize and promote effective lighting practices.

  NOW THEREFORE IT BE RESOLVED THAT staff review the current research, industry standards and best practices with regard to Municipal illumination standards

  AND THAT staff is to explore factors including, but not limited to cost efficiencies, impacts on security and safety, and opportunities to improve quality of life for residents, when undertaking this review;

  AND FURTHER THAT, a report to Council outlining the potential costs and benefits related to any proposed recommendations regarding implementation of municipal illumination standards over time be presented to Council once the review is complete.

13.

BY-LAWS

• THAT By-law 2021-016 and By-law 2021-042 through to By-law 2021-045 listed on the April 28, 2021 Agenda be adopted as printed.

13.1

2021-016 Being a by-law to approve and ratify a Subdivision Agreement between 1960634 Ontario Inc., and the Municipality of Middlesex Centre

13.2

2021-041 Being a by-law to license, regulate and govern Mobile Food Outlets and Produce Stands within the Municipality of Middlesex Centre

By-law 2021-41 will be considered at a future meeting.

13.3

2021-042 Being a by-law to amend the Middlesex Centre comprehensive Zoning By-law number 2005-005 with respect to PLAN 305 PT LOT 15 (geographic Township of Delaware), Municipality of Middlesex Centre

13.4

2021-043 Being a by-law to amend the Middlesex center comprehensive zoning by-law number 2005-005 with respect to Concession 2 Part Lot 1 Reg Comp Plan 428 Lot 3 (geographic Township of Delaware), Municipality of Middlesex Centre

13.5

2021-044 Being a by-law approving and ratifying a Severance and Development Agreement between Donnie Leslie Ozsvath and the Municipality of Middlesex Centre

13.6

2021-045 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 28, 2021

14.

ADJOURNMENT

• THAT the Council for the Municipality of Middlesex Centre adjourns the April 28, 2021 Regular Council meeting at ___ p.m.