MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, OCTOBER 24, 2018 6:45 PM
Middlesex Centre Municipal Office
 

 

AGENDA

The Municipal Council of the Municipality of Middlesex Centre will meet on October 24, 2018 at 6:45 pm.

1.0             CALL TO ORDER

Mayor Edmondson to call the meeting to order at 6:45 pm.

2.0             DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

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.

3.0             ADDITIONS TO THE AGENDA

R2018- THAT the Additions to the Regular Agenda of Council dated October 24, 2018 be added to the Agenda as printed.

4.0             CLOSED SESSION

R2018- THAT Council adjourn to closed session at __________ pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters:

4.1                Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees

R2018- THAT Council do now rise out of closed session and resume to open Council.

5.0             ADOPTION OF THE MINUTES

October 10, 2018 Minutes

R2018- THAT the minutes of the October 10, 2018 meeting of Council be adopted as printed.

6.0             DELEGATIONS, PRESENTATIONS & PETITIONS

None

7.0             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.

7.1                BLD-14-2018 - September Building Permit Report

R2018- THAT the Council for the Municipality of Middlesex Centre receives the Consent Agenda item 7.1 as information.

8.0             STAFF REPORTS

8.1              PWE-50-2018 - Middlesex Centre Winter Operations Plan

R2018- THAT Council endorse the Middlesex Winter Operations Planning Document.

8.2                PLA-64-2018 - Exemption for an Application for Minor Variance (File No. A-20/18) filed by John Lean on behalf of Lupine Properties Limited, 9930 and Glendon Drive

R2018- THAT that per Section 45(1.4) of the Planning Act, 1990 R.S.O, as amended, Council for the Municipality of Middlesex Centre grants an exemption and permits minor variance application A-20-18 regarding 9930 and 9918 Glendon Drive to be considered by the Committee of Adjustment on October 24th, 2018 despite the application being filed within two (2) years of an applicant-initiated Zoning By-law Amendment on the subject lands.

9.0             COMMITTEE OF ADJUSTMENT – 7:00 pm

R2018- THAT Council adjourn its regular meeting at _____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 following Minor Variance applications:

9.1 A-20-2018, Lupine Properties Limited, 9930 and 9918 Glendon Drive

9.2             A-21-18, Joseph and Monique Boere, 15409 Sixteen Mile Road

9.3              A-22-2018, David Robinson & Julian Hathaway, 10397 Sinclair Drive

 

9.1 A-20-2018, Lupine Properties Limited, 9930 and 9918 Glendon Drive

9.1.1                Planning Report PLA-61-2018

R2018 THAT Minor Variance Application A-20-18, filed by Lupine Properties Limited, for relief from the Comprehensive Zoning By-law’s minimum front yard setback requirement of 10.0 metres, whereas the owners are proposing to construct a covered walkway attached to the existing building with a minimum setback of 4.8 metres.; for a property legally described as Part of Lot 4, Concession 2 (geographic Township of Lobo), Middlesex Centre and designated as Part 1, 2 and 3 on Reference Plan 33R1997; be granted.

FURTHER THAT Minor Variance Application A-20/18 not be subject to any conditions.

AND FURTHER THAT the reasons for granting Minor Variance Application A-20/18 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                A-21-18, Joseph and Monique Boere, 15409 Sixteen Mile Road

9.2.1                      Planning Report PLA-62-2018

R2018 THAT Minor Variance Application A-21-18, filed by Joseph and Monique Boere for relief from the Comprehensive Zoning By-law’s maximum size of an accessory building, whereas the owner is requesting a maximum size of 163 m²; for a property known municipally as 15409 Sixteen Mile Road, be granted.

FURTHER THAT Minor Variance Application A-21/18 be subject to the following condition:

1. That the existing 71 m² shed be removed from the subject property.

FURTHER THAT the reasons for granting Minor Variance Application A-21/18 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.

9.3                A-22-2018, David Robinson & Julian Hathaway, 10397 Sinclair Drive

9.3.1                      Planning Report PLA-63-2018

R2018 THAT Minor Variance Application A-22/18, filed by David Robinson and Julian Hathaway for relief from the Comprehensive Zoning By-law’s maximum lot coverage, whereas a maximum of 35% lot coverage is permitted for all buildings, whereas the owners are requesting a maximum lot coverage of 40%; for a property known municipally as 10397 Sinclair Drive, be granted.

FURTHER THAT the reasons for granting Minor Variance Application A-22/18 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.

 

R2018- That the Committee do now rise out of the Committee of Adjustment and go back into the regular Council meeting.

10               PUBLIC MEETINGS

R2018- THAT Council move into Public Meeting at ________pm under Section 53 & 39 of the Planning Act, R.S.O. 1990, c. P13, as amended, to consider the following applications:

10.1 ZBA-20-2018, Richard and Lesley McKeen, 14576 Ten Mile Road

10.2 ZBA-21-2018, Anibal Sanchez, 21347 Vanneck Road

10.3 B-20-18, Jack H. Sousa, on behalf of Shmuel Farhi, 24499 Nairn Road

10.4 B-15-16/18, 2270942 Ontario Ltd., 10125 Oxbow Drive

 

10.1        ZBA-20-2018, Richard and Lesley McKeen, 14576 Ten Mile Road

10.1.1           Planning Report PLA-58-2018

R2018- THAT the Zoning By-law Amendment application, filed by Richard and Lesley McKeen for the severed and retained lot of Consent B-11/18 in order to implement the severance of a surplus farm residence, be approved.

 

10.2         ZBA-21-2018, Anibal Sanchez, 21347 Vanneck Road

10.2.1           Planning Report PLA-59-2018

R2018- THAT the Zoning By-law Amendment application, filed by Anibal Sanchez in order to permit two single-detached dwellings on one property for up to two years while a new residence is being constructed on the land, be approved, and that the Owners be required to enter into a Temporary Use Agreement with the Municipality and submit a deposit of $10,000 to ensure that the removal of the existing residence occurs.

10.3        B-20-18, Jack H. Sousa, on behalf of Shmuel Farhi, 24499 Nairn Road

10.3.1 Planning Report PLA-60-2018

R2018- THAT consent application B-20/18, filed by Jack H. Sousa, on behalf of Shmuel Farhi in order to sever a parcel of land consisting of approximately 46.6 hectares (115.15 acres) from an existing farm parcel consisting of 87.62 hectares (216.51 acres) of land, known municipally as 24499 Nairn Road, be approved.

FURTHER THAT Consent B-20/18 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 have 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-20/18 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.

4. That the Owner’s solicitor provides 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 submits an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision.

6. That, if necessary, a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner.

7. That any outstanding property taxes for the severed and retained lots of Consents B-20/18 be paid in full.

8. That the Owner dedicate lands along the frontage of the severed lot up to 18 m from the centerline of construction of County Road 17 (Nairn Road) to the County of Middlesex for the purposes of road widening if the right of way is not already to that width, to the satisfaction of the County Engineer. All costs to be borne by the Owner.

9. That the Owner provide proof that the aggregate extraction license has been surrendered.

10. That a Zoning By-law Amendment for the severed and retained lands be in full force and effect.

FURTHER THAT the reasons for granting Consent Application B-20/18 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.

10.4        B-15-16/18, 2270942 Ontario Ltd., 10125 Oxbow Drive

10.4.1 Planning Report PLA-47-2018

R2018- THAT the subject applications be deferred until such a time that the concerns raised by Public Works and Engineering are adequately addressed to the satisfaction of Public Works and Engineering.

R2018-  That Council do now Close the Public Meeting and go back into the regular Council meeting.

11               NOTICE OF MOTION

Moved by Councillor McMillan;

THAT NOTWITHSTANDING the Official Plan review and the Comprehensive Zoning By-Law review will be initiated in 2019;

AND WHEREAS the size and the use, in some cases, of larger accessory buildings has been a common concern for both Planning and Building Departments;

AND WHEREAS large accessory buildings in both residential and rural areas can be a concern from a by-law perspective;

NOW THEREFORE Council directs staff to look at best practices as well as bylaws and/trends in neighbouring municipalities regarding large accessory buildings.

12               CORRESPONDENCE

12.1        AMO Policy Update - Bill 36 Ontario Cannabis Statute Law Amendment Act - Ready for Legislative Approval

12.2        AMO Recommendations - Bill 36 Ontario Cannabis Statute Law Amendment Act, 2018

12.3        Middlesex County – Application for exemption to By-Law No.5738 Notice of Application No. 2018-03

R2018- THAT the Council for the Municipality of Middlesex Centre receives the Correspondence item 12.1 through to 12.3 as information.

13               COUNTY COUNCIL UPDATE

14               OTHER BUSINESS

15               BY-LAWS

15.1             By-Law 2018-092- To regulate Traffic and Parking of Motor Vehicles

15.2             By-Law 2018-093 – To amend the Middlesex Centre Comprehensive Zoning By-Law Number 2005-005 with respect to Part of Lot 16, Concession 4, (Geographic Township of LOBO), Roll Number: 393900001009301 (21347 Vanneck Rd)

15.3             By-law 2018-094 - To amend the Middlesex Centre Comprehensive Zoning By-Law Number 2005-005 with Respect to Part of Lot 14, Concession 10 (Geographic Township of London), Roll Number: 393903403001910 (14576 Ten Mile Road)

15.4             By-Law 2018-095 - To amend By-Law 2016-131 appointing members of council and of the public to the committees of council and local Boards of the municipality as deemed necessary (Committee of Adjustment)

15.5             By-Law 2018-096 - To adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on October 24, 2018

R2018- THAT By-Laws 2018-092 through to 2018-096 inclusive be approved passed and adopted.

16                  ADJOURNMENT

 

R2018- THAT the Council for the Municipality of Middlesex Centre adjourns the October 24, 2018 Regular Council meeting at ___________ p.m.

 

The next Council meeting is Wednesday, November 14, 2018 at 6:00 pm in the Council Chambers.