MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, JUNE 19, 2019 5:00 PM
Middlesex Centre Municipal Office
 

 

AGENDA

The Municipal Council of the Municipality of Middlesex Centre will meet on June 19, 2019 at 5:00 pm.

1.0             CALL TO ORDER

Mayor DeViet to call the meeting to order at 5:00 pm. Council will go directly into Closed Session.

2.0             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 matters:

2.1             Two items under 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.

3.0             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.

4.0             ADDITIONS TO THE AGENDA

15.5 First and Second Reading of By-Law 2019-072 – Being a by-law to provide drainage works to be known as Martin Road Development Drain

R2019- THAT the additions to the regular agenda of Council dated June 19, 2019 be adopted as printed.

5.0             ADOPTION OF THE MINUTES

5.1                June 5, 2019 Minutes

R2019- THAT the minutes of the June 5, 2019 meeting of Council be adopted as printed.

6.0             DELEGATIONS, PRESENTATIONS & PETITIONS

6.1                Ben Hyland - Martin Road Development Municipal Drain Engineer’s Report, June 6, 2019

6.1.1           Martin Drain Development Drain, Engineer's Report

R2019- THAT the Martin Road Development Municipal Drain Engineer’s Report, dated June 5, 2019 as presented by Strik, Baldinelli, Moniz Ltd. be adopted and the drainage works as indicated therein be authorized.

6.2                Christene Scrimgeour of Scimgeour & Company, CPA Professional Corporation – Audit Financial Statements for Middlesex Centre year ending December 31, 2018

6.2.1                Draft Financial Statements

R2019-  THAT the 2018 Draft Financial Statements as prepared by the municipal auditor, Scrimgeour and Company be approved.

6.3                Peter from Watson & Associates – DC Charges

6.3.1           CPS-51-2019 – Development Charge Meeting 2019

R2019- THAT Council deems it necessary to hold a meeting to discuss the 2019 development charge study after the public meeting held June 5th, 2019;

FUTHER THAT Council deemed it is not necessary to hold an additionally public meeting to discuss any changes to the 2019 development charge study;

FUTHER THAT Council directs staff to post any addendum(s) to the study on the municipal website and to advertise any change on the municipal social media accounts and in one newspaper;

FURTHER THAT development charge meeting 2019 report be received.

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-10-2019 – May 2019 Building Report

7.2                Community Services Advisory Committee – May 6, 2019 Minutes

7.3                CPS-50-2019 – Budget to Actual

7.4                CPS-52-2019 – Fire Prevention Update

7.5                PWE 22-2019 – Municipal Drain Process

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Consent Agenda items 7.1 through 7.5 as information.

8.0             STAFF REPORTS

8.1                PWE 20-2019 - Sunningdale Pit Licensing Agreement with London Police Services

R2019- THAT the Sunningdale Pit lease Agreement with London Police Services be approved.

8.2                PWE 21-2019 - Tender Results – Watson Municipal Drain Construction Award

R2019- THAT the construction of the Watson Municipal Drain Extension be awarded to the lowest tender bid submission received from Robinson Farm Drainage Ltd. in the amount of $230,669.16 (including HST).

9.0             PUBLIC MEETINGS – 7:00 PM

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                B-12-19 - Monteith Brown Planning Consultants, on behalf of Colin Haywood Lee Bailey and Robert Edward Bailey - 21309 Vanneck Road

9.1.1                Planning Report PLA-46-2019

R2019- THAT consent application B-12/19, filed by Monteith Brown Planning Consultants, on behalf of Colin Haywood Lee Bailey and Robert Edward Bailey in order to sever a parcel of land consisting of a frontage of approximately 609 metres (1998 feet) with an area of 40.62 hectares (100.4 acres) from an existing farm parcel consisting of 79.5 hectares (196.4 acres) of land., known municipally as 21309 Vanneck Road, be approved.

FURTHER THAT Consent B-12-19 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 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-12-19 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-12-19 be paid in full.

8.  That a Minor Variance be in full for and effect recognizing the reduced lot area of the retained lands.

9.  That the Owner demolish and remove the abandoned dwelling from the subject property to the satisfaction of the Municipality.

FURTHER THAT the reasons for granting Consent Application B-12/19 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.

 

9.2                B-13-19 – Michael & Susan Dale – 25410 Poplar Hill Road

9.2.1                Planning Report PLA-47-2019

R2019- THAT Consent Application B-13-19, filed by Michael and Susan Dale in order to sever a lot with a frontage of approximately 55 metres (180.4 ft) along Poplar Hill Road and an area of approximately 0.33 hectares (0.82 ac) from a farm holding with a lot area of approximately 20.0 hectares (49.17 acres), from a property legally described as Part of Lot 5, Concession 12 (geographic Township of Lobo), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-13-19 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 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-13/19 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 a Zoning By-law Amendment that recognizes the residential use of the severed lot of Consent B-13/19 and prohibits new dwellings on the retained lot of Consent B-13/19 be in full force and effect.

8.  That the Owner enter into a severance agreement with the Municipality in order to advise future owners of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended or replaced.  The following requirement shall be included in the severance agreement:

The Owner shall include in any Agreement of Purchase and Sale of the severed lot a warning specifically notifying future owners that normal farm practices, as outlined in the Farming and Food Production Protection Act, 1998, as amended or replaced, are engaged in and occur in the area of the property and shall require the purchaser, as a condition of any aforementioned Agreement of Purchase and Sale, to acknowledge and accept that normal farm practices, as outlined in the Farming and Food Production Protection Act, 1998, as amended or replaced, are engaged in and occur in the area of the property.

9.  That any outstanding property taxes for the severed and retained lots of Consents B-13-19 be paid in full.

10.  That the Owner confirm that the existing house is habitable to the satisfaction of the Municipality.

FURTHER THAT the reasons for granting Consent Application B-13-19 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

 Subject to the conditions, the proposal

9.3                B-14-19 – Paul & Suzanne Manders – 15626 Fifteen Mile Road

9.3.1                Planning Report PLA-48-2019

R2019- THAT Consent Application B-14-19, filed by Paul and Suzanne Manders, on behalf of the Estate of Gordon and Richard Dann, in order to sever a lot with a frontage of approximately 67.5 metres (221.5 ft) along Fifteen Mile Road and an area of approximately 0.60 hectares (1.5 ac) from a farm holding with a lot area of approximately 19.7 hectares (48.56 acres), from a property legally described as Part of Lot 6, Concession 15 (geographic Township of London), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-14-19 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 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-14-19 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 a Zoning By-law Amendment that recognizes the residential use of the severed lot of Consent B-14/19 and prohibits new dwellings on the retained lot of Consent B-14/19 be in full force and effect.
  8. That the Owner enter into a severance agreement with the Municipality in order to advise future owners of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended or replaced. The following requirement shall be included in the severance agreement:

The Owner shall include in any Agreement of Purchase and Sale of the severed lot a warning specifically notifying future owners that normal farm practices, as outlined in the Farming and Food Production Protection Act, 1998, as amended or replaced, are engaged in and occur in the area of the property and shall require the purchaser, as a condition of any aforementioned Agreement of Purchase and Sale, to acknowledge and accept that normal farm practices, as outlined in the Farming and Food Production Protection Act, 1998, as amended or replaced, are engaged in and occur in the area of the property.

  1. That any outstanding property taxes for the severed and retained lots of Consents B-14-19 be paid in full.
  2. That a separate entrance be established for the severed parcel and that it be independent of the current entrance, and that the current entrance be separated from the severed parcel by a planting strip of at least one metre to the satisfaction of the Municipality.
  3. That the Owner establish separate independent hydro services to the severed and retained parcels to the satisfaction of the Municipality.
  4. That the retained lot of Consent B-14-19 be provided with an address to the satisfaction of the Municipality and with all signage costs being borne by the Owner.
  5. That the retained lands be conveyed and transferred to Paul and Suzanne Manders to ensure consolidation with their farming operation.

FURTHER THAT the reasons for granting Consent Application B-14-19 include:

10.0        COMMITTEE OF ADJUSTMENT

R2019- THAT Council do now Close the Public meeting and 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:

10.1           A-10-19 – Barry Wade on behalf of Susan Boyd – 11355 Longwoods Road (County Road 2)

10.1.1            Planning Report PLA-49-2019

R2019- THAT Minor Variance Application A-10/19, filed by Barry Wade on behalf of Susan Boyd for relief from the Comprehensive Zoning By-law’s minimum rear yard setback, whereas the applicant is requesting a rear yard setback of 2.33 metres (7.6 feet), whereas the Comprehensive Zoning By-law requires a rear yard setback of 8.0 metres (26 feet) on the subject property, be GRANTED subject to the following condition;

THAT the attached garage be constructed in the same general location as specified in the application submission.

AND FURTHER THAT the reasons for granting Minor Variance Application A-10-19 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.

 

10.2           A-11-19 – Melchers Developments – 158 Edgewater Boulevard

10.2.1                Planning Report PLA-45-2019

R2019-  THAT Minor Variance Application A-11-19, filed by Melchers Development for relief from the Municipality’s Comprehensive Zoning By-law’s maximum lot coverage for a lot, whereas the applicant is requesting a maximum lot coverage of 37% for the main building on the subject property, whereas the Comprehensive Zoning By-law permits a maximum lot coverage of 35% for the main building on the subject property, be granted.

AND FURTHER THAT the reasons for granting Minor Variance Application A-11-19 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.

10.3           A-12-19 – Monteith Brown Planning Consultants, on behalf of Colin Haywood Lee Bailey and Robert Edward Bailey; 21309 Vanneck Road

10.3.1            Planning Report PLA-46-2019

R2019-  THAT Minor Variance Application A-12-19, filed by Monteith Brown Planning Consultants, on behalf of Colin Haywood Lee Bailey and Robert Edward Bailey for relief from the minimum lot area required for a property zoned Agricultural (A1) by Middlesex Centre’s Comprehensive Zoning By-law, whereas the applicants are proposing the retained lands to be 38.9 hectares (96 acres), whereas Middlesex Centre’s Comprehensive Zoning By-law requires a minimum lot area of 40 hectares (100 acres), for a property legally described as, Part Lot 15, Concession 4 (Geographic Township of Lobo), Municipality of Middlesex Centre, be granted.

AND FURTHER THAT the reasons for granting Minor Variance Application A-12-19 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.

10.4           A-13-19 – Brian & Heather Deitz – 9 Fieldrun Drive

10.4.1            Planning Report PLA-44-2019

R2019- THAT Minor Variance Application A-13-19, filed by Brian and Heather Deitz for relief from Middlesex Centre’s Comprehensive Zoning By-law’s maximum size for an accessory building, the applicant is requesting a maximum size of 43.5 m² (468 ft²) for all accessory buildings on the subject property, whereas the Comprehensive Zoning By-law permits a maximum size of 23 m² (247.5 ft²) for all accessory buildings on the subject property, 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-13/19 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.

 

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

11.0        NOTICE OF MOTION

12.0        CORRESPONDENCE

12.1        AMO – Bill 108 Receives Royal Assent with Several Amendments

12.2        Resolutions - Received Opposed to Bill 108

12.3        Auable Bayfield Maitland Valley Drinking Water Source Protection Region– Municipal Update

12.4        Ausable Bayfield Conservation June 20, 2019 Board of Directors Agenda

12.5        Ausable Bayfield Conservation May 22, 2019 Minutes

12.6        Ausuable Bayfield Conservation - General Managers Report

12.7        Lucan Biddulph Reduction in Provincial Funding to Libraries

12.8        New Tecumseth – Reduction in Provincial Funding to Libraries

12.9        St. Clair Conservation Authority – Municipal Update

12.10    South Huron OGRA & ROMA Combined Conference

12.11    St. Clair Conservation - Meeting Highlights

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Correspondence item 12.1 through to 12.11 as information.

13.0        COUNTY COUNCIL UPDATE

14.0        OTHER BUSINESS

15.0        BY-LAWS

15.1   By-Law 2019-068 - To approve and ratify a Site Plan Control Agreement between Teen Challenge Canada Inc. (the Owner), and The Municipality of Middlesex Centre (the Municipality) for land described as Part of Lot 10, Concession 4, Part 2, Reference Plan 33R-12926 Municipality of Middlesex Centre

15.2   By-Law 2019-069 - To approve and ratify a Subdivision Agreement between Donna LayngSubdivider” and the Municipality of Middlesex Centre as the “Municipality”

15.3   By-Law 2019-070 - To authorize the execution of licensing agreement between the Municipality of Middlesex Centre and London Police Service

15.4   By-Law 2019-071 - To adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on June 19, 2019

15.5   By-Law 2019-072 - To provide drainage works to be known as Martin Road Development Drain

R2019-  THAT By-Law 2019-072 be read a first and second time and provisionally adopted;

AND THAT By-Laws 2019-068 through to 2019-071 inclusive, be approved passed and adopted.

16.0        ADJOURNMENT

R2019- THAT the Council for the Municipality of Middlesex Centre adjourns the June 19, 2019 Regular Council meeting at ___________ p.m.