Middlesex Centre Council Minutes

Regular Meeting of Council

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Electronic Council Meeting
COUNCIL PRESENT:
  • Mayor DeViet,
  • Deputy Mayor Brennan,
  • Councillor Heffernan,
  • Councillor Shipley,
  • Councillor Aerts,
  • Councillor Scott ,
  • and Councillor Cates
STAFF PRESENT:
  • Michael Di Lullo - Chief Administrative Officer,
  • Arnie Marsman - Director of Building Services / Chief Building Official,
  • Colin Toth, Director of Emergency Services / Fire Chief,
  • Rob Cascaden - Director of Public Works and Engineering,
  • Scott Mairs - Director of Community Services,
  • Tiffany Farrell - Director of Corporate Services,
  • Marion Cabral - County Planner,
  • Dan Fitzgerald - County Planner,
  • Heather Kepran - Communications Specialist,
  • and James Hutson - Municipal Clerk

Mayor DeViet to called the meeting to order at 5:30 pm.

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.

There are no additions to the April 28, 2021 Council Agenda.

Item 7.1 Proposed Mobile Food Outlet By-law is removed from the agenda will be considered at a future meeting.

Cathy Ly, Nadine Rodricks, and Tanya Patrawala are in attendance as students of the University of Western Ontario to provide a presentation in regards to local business retention and expansion. A copy of the PowerPoint presentation is on file in the Clerk's office. 

  • Resolution #118-2021
    Moved by:Deputy Mayor Brennan
    Seconded by:Councillor Cates

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

    CARRIED
  • Resolution #119-2021
    Moved by:Councillor Cates
    Seconded by:Councillor Scott

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

    CARRIED
  • Resolution #119-2021

    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.

  • Resolution #119-2021

    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.

  • Resolution #119-2021

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

  • Resolution #119-2021

    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).

This item was removed from the Agenda and will be considered at a future meeting.

  • Resolution #120-2021
    Moved by:Councillor Cates
    Seconded by:Councillor Heffernan

    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.

    CARRIED
  • Resolution #121-2021
    Moved by:Councillor Shipley
    Seconded by:Councillor Scott

    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.
    CARRIED
  • Resolution #122-2021
    Moved by:Councillor Cates
    Seconded by:Councillor Scott

    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.

    CARRIED
  • Resolution #123-2021
    Moved by:Councillor Cates
    Seconded by:Councillor Aerts

    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.

       

    CARRIED

The applicant, Derek Raine, is in attendance virtually to speak to Minor Variance Application A-5/2021.

  • Resolution #124-2021
    Moved by:Councillor Shipley
    Seconded by:Councillor Scott

    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.
    CARRIED

The applicant, Michelle Doornbosch, is in attendance virtually to speak to Minor Variance Application A-6/2021.

  • Resolution #125-2021
    Moved by:Deputy Mayor Brennan
    Seconded by:Councillor Heffernan

    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.
    CARRIED

The applicant, Chris Melchers, is in attendance virtually to speak to Minor Variance Application A-7/2021.

The owner, Nelly Van Bello, is in attendance virtually to speak to Minor Variance Application A-7/2021.

  • Resolution #126-2021
    Moved by:Councillor Aerts
    Seconded by:Councillor Cates

    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.

    CARRIED

The applicants, Morgan Hall and Richie Anand, are in attendance virtually to speak to Minor Variance Application A-8/2021.

  • Deputy Mayor Brennan declared a conflict on this item. (Deputy Mayor Brennan declared a conflict of interest on Item 8.1 Application for Minor Variance (File No. A-5/2021) as he is an owner of the subject property.)
  • Resolution #127-2021
    Moved by:Councillor Shipley
    Seconded by:Councillor Cates

    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.
    CARRIED

The applicant, Mike Brennan, is in attendance virtually to speak to Minor Variance Application A-9/2021.

Deputy Mayor Brennan did not discuss or vote on this item.

  • Resolution #128-2021
    Moved by:Councillor Cates
    Seconded by:Councillor Heffernan

    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.
    CARRIED

The applicant, Mike Manuel, is in attendance virtually to speak to Minor Variance Application A-10/2021.

  • Resolution #129-2021
    Moved by:Councillor Cates
    Seconded by:Councillor Aerts

    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.
    CARRIED

The applicant, Dave Hannam, is in attendance virtually to speak to Minor Variance Application A-24/2020.

  • Resolution #130-2021
    Moved by:Councillor Scott
    Seconded by:Councillor Cates

    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.

    CARRIED
  • Resolution #131-2021
    Moved by:Councillor Cates
    Seconded by:Councillor Scott

    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.

    CARRIED

The applicant, Ryan Parker, is in attendance virtually to speak to the Zoning By-law Amendment application (ZBA-07-2021).

  • Resolution #132-2021
    Moved by:Deputy Mayor Brennan
    Seconded by:Councillor Scott

    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.
    CARRIED

The applicants, Nelson Guiot and Juduk Lee, are in attendance virtually to speak to Consent Applications B-04/2021 and B-05/2021.

  • Resolution #133-2021
    Moved by:Councillor Heffernan
    Seconded by:Councillor Shipley

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

    CARRIED

Cindy Read and Anthony Gubbels are in attendance virtually on behalf of Gold Leaf Properties to speak to the Zoning By-law Amendment application (ZBA-03-2021).

Sean Hunt is in attendance virtually to speak to the Zoning By-law Amendment application (ZBA-03-2021).

Keith Crawford is in attendance virtually to speak to the Zoning By-law Amendment application (ZBA-03-2021). A copy of the PowerPoint presentation provided is on file in the Clerk's division.

Erica and Chris Hayes are attendance virtually to speak to the Zoning By-law Amendment application (ZBA-03-2021).

Katie Robson is in attendance virtually to speak to the Zoning By-law Amendment application (ZBA-03-2021).

Jim and Joanne Kelly are in attendance virtually to speak to the Zoning By-law Amendment application (ZBA-03-2021).

Ashley Roberts is in attendance virtually to speak to the Zoning By-law Amendment application (ZBA-03-2021).

Alby Vincent is in attendance virtually to speak to the Zoning By-law Amendment application (ZBA-03-2021).

Peter Millistver is in attendance virtually to speak to the Zoning By-law Amendment application (ZBA-03-2021).

Nicole Patsalis is in attendance virtually to speak to the Zoning By-law Amendment application (ZBA-03-2021).

  • Resolution #134-2021
    Moved by:Councillor Cates
    Seconded by:Councillor Scott

    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.

    CARRIED
  • Resolution #135-2021
    Moved by:Councillor Heffernan
    Seconded by:Deputy Mayor Brennan

    THAT Planning Committee does now close the Planning Public Meetings and reconvene the regular meeting of Council at 8:40 p.m.

    CARRIED

The County Council meeting scheduled for April 27, 2021 has been cancelled.

  • Resolution #137-2021
    Moved by:Councillor Shipley
    Seconded by:Councillor Heffernan

    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.

    CARRIED
  • Resolution #138-2021
    Moved by:Councillor Heffernan
    Seconded by:Councillor Cates

    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.

    CARRIED

13.

  • Resolution #139-2021
    Moved by:Councillor Shipley
    Seconded by:Councillor Cates

    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.

    CARRIED
  • Resolution #140-2021
    Moved by:Councillor Cates
    Seconded by:Deputy Mayor Brennan

    THAT the Council for the Municipality of Middlesex Centre adjourns the April 28, 2021 Regular Council meeting at 8:40 p.m.

    CARRIED
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