MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, APRIL 24, 2019 6:00 PM
Middlesex Centre Municipal Office
 

 

AGENDA

The Municipal Council of the Municipality of Middlesex Centre will meet on April 24, 2019 at 6:00 pm.

1.0             CALL TO ORDER

Mayor DeViet to call the meeting to order at 6:00 p.m.

2.0             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.

3.0             ADDITIONS TO THE AGENDA

4.0             ADOPTION OF THE MINUTES

4.1                April 8, 2019

4.2                April 10, 2019

4.3                April 17, 2019

R2019- THAT the minutes of April 8, 2019, April 10, 2019 and April 17, 2019 meetings of Council be adopted as printed.

5.0             DELEGATIONS, PRESENTATIONS & PETITIONS

6.0             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.

6.1                BLD-08-2019 March 2019 Building Report

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Consent Agenda item 6.1 as information.

7.0             STAFF REPORTS

7.1                PWE-09-2019 - Hyde Park Road Crossing – Chris Traini will be in attendance

R2019- THAT Council receive report PWE-09-2019 as information regarding the crosswalk implemented on Hyde Park Road within Middlesex County’s jurisdiction, as guided by the Middlesex County Crosswalk Guidelines endorsed by County Council on October 24, 2017.

7.2                PWE-11-2019 - Asphalt Resurfacing Program – Tender Results

R2019- THAT the 2019 Asphalt Resurfacing Program be awarded to the lowest tender bid submission received from Coco Paving Inc. in the amount of $934,300.00 (excluding HST); and

FURTHER THAT the Mayor and Clerk be authorized to execute the necessary documents.

7.3                PWE-12-2019 - Four Wheel Drive Articulating Tractor with Attachments Tender PWE 19-07 Results

R2019-  THAT the purchase, supply and delivery of one (1) four wheel drive articulating tractor complete with attachments be awarded to the tender bid submission received from Cubex Ltd. in the amount of $180,120.78 (excluding HST).

7.4                CMS-03-2019 - Pollinative Friendly Plantings at Municipal Facilities & Parks

R2019- THAT the list of pollinative planting locations at municipal facilities and parks be approved.

7.5                CPS-36-2019 - Budget Amendment

R2019- THAT the 2019 Budget be amended to add Arva Environmental Assessment capital project for $250,000 to be funded 100% from the Development Charge Reserve Fund.

7.6                CPS-37-2019 – WSIB Actuarial Valuation

R2019-  THAT the WSIB Actuarial Valuation as at December 31, 2017 Appendix A attached to Report CPS-37-2019 be approved.

7.7                CPS-38-2019 - Reserve and Reserve Fund Policy Amendment

R2019- THAT Council approve the amended Reserve and Reserve Fund Policy dated April 24, 2019.

8.0             COMMITTEE OF ADJUSTMENT – 7:00 pm

R2019- 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:

8.1                A-04-2019 - Steve Sims - 9622 Sinclair Drive

8.1.1    Planning ReportPLA-27-2019

R2019-  THAT Minor Variance Application A-04-19, filed by The Barn Swallow Company (Steve Sims) for relief from the Comprehensive Zoning By-law’s location criteria and maximum height of an accessory building, whereas the applicant is requesting to locate an accessory building in the front yard with a maximum height of 8.8m (28.8 ft); for a property known municipally as 9622 Sinclair Drive, be granted subject to the following condition.

THAT the accessory building be constructed in the same general location as specified in the application submission.

AND FURTHER THAT the reasons for granting Minor Variance Application A-27/19 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.

8.2                A-05-2019- McClary – 23550 Highbury Ave North

8.2.1      Planning ReportPLA-28-2019

R2019-  THAT Minor Variance Application A-05-19, filed by Alex Bolliner on behalf of Peter McClary for relief from the Middlesex Centre Comprehensive Zoning By-law 2005-005 in order to permit the installation of a swimming pool in the front yard, being closer to the front lot line than the single-detached dwelling on the land, as generally shown on the illustration submitted in support of the proposal adjacent; for a property legally described as Part of Lot 8, Concession 14 (geographic Township of London), Municipality of Middlesex Centre; 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 FURTHER THAT the reasons for granting Minor Variance Application A-05/19 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.

8.3                A-06-2019 – Gielen – 29 Lansdowne Park Cres.

8.3.1      Planning ReportPLA-29-2019

R2019-  THAT Minor Variance Application A-06/19 filed by Chris and Rebecca Gielen for relief from the Comprehensive Zoning By-law in order to erect an accessory building in the exterior side yard; for a property known municipally as 29 Lansdowne Park Cres, be granted subject to the following condition.

THAT the accessory building be constructed in the same general location as specified in the application submission.

AND FURTHER THAT the reasons for granting Minor Variance Application A-06/19 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.

8.4                A-07-2019 – Carter – 18 Lansdowne Park Cres.

8.4.1 Planning Report PLA-30-2019

R2019-  THAT Minor Variance Application A-07/19, filed by MCI Design-Build Corporation on behalf of Johnathan and Daria Carter for relief from the Comprehensive Zoning By-law’s maximum height requirement for an accessory building of 6.5 m (21 ft), and the floor area requirement of an accessory building of 165 m² (1,776 ft2), whereas the owners are proposing the construction of an accessory building to a maximum height of 10.0 m (33ft) and an area of 298 m² (3,208 ft2); for a property known municipally as 18 Lansdowne Park Crescent, be denied.

FURTHER THAT the reasons for denying Minor Variance Application A-07/19 include:

• The request does not comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;

• The request is not minor in nature; and

• The request represents inappropriate development on the subject property.

8.5                A-03-2019 - Melchers, Unit 9-10038 Oxbow Drive

8.5.1      Planning Report – PLA-26-2019

R2019- THAT Minor Variance Application A-03/19, filed by Melchers Development Inc. for relief from the Comprehensive Zoning By-laws minimum exterior side yard setback required, whereas the applicant is requesting an exterior side yard setback of 1.72 metres; for a property known Municipally as 9-10038 Oxbow Drive, be granted.

FURTHER THAT the reasons for granting Minor Variance Application A-03/19 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.

8.6                A-08-2019 – Melchers Development Inc. -10038 Oxbow Drive (Condo)

8.6.1 Planning Report – PLA-31-2019

R2019- THAT Minor Variance Application A-08/19, filed by Melchers Development Inc. for relief from the Comprehensive Zoning By-laws maximum encroachment permitted for a deck in the rear yard, whereas the owners are proposing a maximum encroachment of 3 metres into a required rear yard; for a property known municipally as 10038 Oxbow Drive, be granted with conditions.

FURTHER THAT Minor Variance Application A-08/19 be subject to the following conditions:

1)       THAT the proposed decks for units 1 to 10 shall not exceed 15m2;

2)       AND THAT the proposed decks for units 1 to 10 shall not be located any closer to the side lot line than the main wall of the dwelling on the same property.

FURTHER THAT the reasons for granting Minor Variance Application A-0/8 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.

R2019 That the Committee do now rise out of the Committee of Adjustment and go back into the regular Council meeting.

9.0             PUBLIC MEETINGS

R2019- 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:

9.1                OPA 44 and ZBA-04-2019 Source Water Protection Policies and Regulatory Framework

9.1.1      Planning Report PLA-32-2019

R2019- THAT Official Plan Amendment No. 44 to the Middlesex Centre Official Plan be approved and that the implementing by-law be adopted by Council and be submitted to the County of Middlesex for consideration of approval.

AND FURTHER THAT Zoning By-law Amendment No. 2019-052 to the Middlesex Centre Comprehensive Zoning By-law to establish a new source water protection regulatory framework and to introduce related mapping amendments, be approved and that the implementing by-law be forwarded to Council for consideration once the Official Plan Amendment is approved by the County of Middlesex.

9.2                ZBA-12-2019 - Cassidy Temp Use. 15063 Medway Road

9.2.1      Planning Report – PLA-33-2019

R2019- THAT Zoning By-law Amendment Application ZBA-12-19, filed by Matthew and Jenna Cassidy, in order to permit two single-detached dwellings on one property for up to three 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.

9.3   B-04-2019 McClary, Arva Grain Consent – Part Lot 14, 15, and 16, Con. 8

9.3.1      Planning Report PLA-34-2019

R2019- THAT Consent Applications B-04-2019, filed by Brian McClary, on behalf of McMichael Farms Limited and McClary Carmichael Farming Corp. in order to sever a lot with a frontage of 1,262 metres (4,140 feet) and a lot area of 40 ha (100 acres) from a property legally described as Part Lot 14, 15 and 16, Concession 8 (geographic Township of London), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-04-2019 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-04-2019 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.

4)            That an Encroachment Permit from the Ministry of Transportation be obtained and any existing access to Richmond Street (Highway 4) be removed to the satisfaction of the Ministry of Transportation.

5)            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.

6) 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.

7) That, if necessary, a revised assessment scheduled in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owners.

8) That any outstanding property taxes for the severed and retained lots of Consent B-04-2019be paid in full.

AND FURTHER THAT the reasons for granting Consent application B-04-2019 include:

R2019- THAT Consent Applications B-5-19, B-6-19, filed by Chinneck Law (Terry Belanger and Nathan Hwee), on behalf of Jacob Zipancic in order to sever two residential lots with the first severed lot having an area of approximately 0.69 ac (0.28 ha) with a frontage of approximately 78.56 m (258 ft) and the second severed having an area of approximately 0.67 ac (0.27 ha) with a frontage of approximately 77.10 m (253 ft) from a property legally described as Part Lots 15-23 Plan 307 (geographic Township of London), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-5/19, B-6/19 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-5-19, B-6-19 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 a Zoning By-law Amendment that recognizes the residential uses of the severed lots of Consents B-5-19, B-6-19 be in full force and effect and that a Zoning By-law Amendment that recognizes the reduce lot area of the retained lot of consents B-5-19,B-6-19 be in full force and effect.

7)   That, if necessary, a revised assessment scheduled in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owners.

8)   That the transfers for the Consents B-5-19, B-6-19 be registered concurrently by the Owner’s solicitor.

9)   That any outstanding property taxes for the severed and retained lots of Consent B-5-19-B-6-19 be paid in full.

10) That the Owner enter into a Development Agreement with the Municipality, and that the Agreement be registered against the title of the subject land, to address among other matters: all financial, legal, planning and engineering matters including but not limited to payment of the Municipality’s engineering, legal and planning review costs, entrance locations and construction, works within the road allowance, lot grading and drainage, building envelopes, septic systems and 100% contingency areas and potable wells, all to the satisfaction of the Municipality.

11) Upon fulfill of condition #10, the owner shall install the private wells and driveways for each of the severed lots of Consents B-5/19-B-6/19 and that this be done by obtaining all the appropriate permits, paying all of the appropriate fees and be to the satisfaction of the County of Middlesex and Middlesex Centre.

12) That the Owner provide a lot grading plan showing potential building, septic, contingency and well locations for all properties to the satisfaction of the Municipality.

13) That the owner retain a qualified professional to undertake a soils investigation to confirm independent sewage disposal systems are capable of supporting the proposed residential development based on existing site conditions and surrounding uses.

14) That the Owners provide $1,000 cash-in-lieu of parkland dedication for each of the severed lots of Consents B-5/19-B-6/19 in accordance with the Municipality’s Fees and Charges By-law.

15) That the Owner complete a Storm Water Management Report to the satisfaction of the Municipality and the Conservation Authority.

16) That the Owner complete a Groundwater Impact Assessment Report to the satisfaction of the Municipality.

17) That the Owners provide a road widening for the purposes of road widening to a distance of 18.0 m from the centerline of construction along County Road 23 (Highbury Ave N) across the severed and retained parcels if the right of way is not already to that width.

AND FURTHER THAT the reasons for granting Consent application B-5-19-B-6-19 include:

R2019-  That Council do now Close the Public Meeting and go back into the regular Council meeting.

10.0        NOTICE OF MOTION

11.0        CORRESPONDENCE

11.1           Grey HighlandsResolution RE: the Ontario Municipal Partnership Fund (OMPF)

11.2           Lower Thames Conservation – Media Release

11.3           Brantford – Resolution RE: Single-Use Plastic Straws

11.4           AMCTO – Advocacy Win – Elections Ontario recommends Changes to the Voters’ List

11.5           Ontario Human Rights Commission - Harmful impact of Indigenous-themed sports logos in city facilities

11.6           Town of Minto Concern with the potential reduction and/or loss of the OMPF allotment in future years

11.7           UTRCA – April 23, 2019 Agenda

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Correspondence item 11.1 through to 11.7 as information.

12.0        COUNTY COUNCIL UPDATE

13.0        OTHER BUSINESS

14.0        CLOSED SESSION

R2019- THAT Council adjourn to closed session at __________ pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matter:

Section 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

R2019- THAT Council do now rise out of closed session at________ p.m.

15.0        BY-LAWS

15.1           By-Law 2019-050 To appoint a Deputy Clerk (Don MacLeod)

15.2           By-Law 2019-051 To adopt Amendment No. 44 to the Official Plan of Middlesex Centre

15.3           By-Law 2019-052 - To amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to all land in the municipality of Middlesex Centre (ZBA-04-2019)

15.4           By-Law 2019-053 - To amend the Middlesex Center Comprehensive Zoning By-Law 2005-005 with respect to Part of Lot 10, Concession 6 (Geographic Township of London), Roll Number: 393903404003000 (ZBA-12-2019)

15.5           By-Law 2019-054 - To authorize the execution of a Temporary Use Agreement between Matthew Cassidy and Jenna Cassidy (“Owners”) and the Municipality of Middlesex Centre (“Municipality”)

15.6           By-Law 2019-055- To adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on April 17, 2019 and April 24, 2019

R2019- THAT By-Laws 2019-050 through to 2019-055 inclusive be approved passed and adopted.

16.0        ADJOURNMENT

R2019- THAT the Council for the Municipality of Middlesex Centre adjourns the April 24, 2019 Regular Council meeting at ___________ p.m.