January 28, 2015 Council Chamber 4:00 pm MIDDLESEX CENTRE COUNCIL MINUTES The Municipal Council of the Municipality of Middlesex Centre met in Regular Session in the Council Chamber on January 28, 2015 at 4:00 pm. COUNCIL PRESENT: Mayor Edmondson - Chair presiding, Deputy Mayor Bloomfield, Councillors Harvey, Brennan, McMillan, DeViet and Berze. STAFF PRESENT: Michelle Smibert CAO, Stephanie Troyer-Boyd - Clerk, Greg Watterton Director of Corporate Services, Arnie Marsman Director of Planning and Development Services, Ken Sheridan Director of Fire Services, Brian Lima Director of Public Works and Engineering, Ben Puzanov Planner, Scott Mairs Director of Community Services. ALSO PRESENT: Members of the public and press. 1.0 CALL TO ORDER Mayor Edmondson called the meeting to order at 4:00 pm. 2.0 ADOPTION OF THE ADDITIONS TO THE AGENDA There were no additions on January 28, 2015. 3.0 BUSINESS FOR WHICH PREVIOUS NOTICE HAS BEEN GIVEN 3.1 None scheduled 4.0 DISCLOSURE OF PECUNIARY INTEREST AND THE 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. Name Item Nature None were declared on January 28, 2015.
Council Minutes 2 January 28, 2015 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. R2015-026 Motion by Councillor Brennan and Deputy Mayor Bloomfield 1. THAT the December 2014 Building Permit Report be received. 2. THAT the 2014 Planning and Development Services Year End Summary be received. 7.0 STAFF REPORTS 7.1 Report # C-2015-002 Request to Purchase Municipally Owned Property R2015-027 Motion by Councillor Berze and Councillor DeViet THAT the Mayor and Clerk be authorized to sign any necessary documents to execute the sale of the property legally described as Con 8 Pt Lot 8 designated as Parts 5, 15 and 18 on 33R-12486 to Terry and Barbara Jones; and FURTHER THAT the purchasers be required to pay all costs relating to the sale of the land including but not limited to any survey, legal and administrative costs. 7.2 Report # CAO-2015/02 - Early Retirement Benefits Policy R2015-028 Motion by Councillor Berze and Councillor Brennan THAT the Early Retirement Benefits Policy be adopted. 7.3 Report # FS-2015-002 - Fire Dispatch Overview Report Michelle Smibert explained that fire dispatch has been handled by Strathroy Caradoc Police Service for the past year. She stated that the County of Middlesex asked all lower tier municipalities to provide comments on the fire dispatch service to date. She noted that the report was provided to Council for information so that they were aware of Middlesex Centre comments on the service. Deputy Mayor Bloomfield provided comments supplied to him by County Engineer Chris Traini regarding the report. Councillor Berze stated that he believes this is an operational issue and doesn t need to come to Council. R2015-029 Motion by Councillor Harvey and Councillor Berze THAT the Fire Dispatch Overview Report be received as information.
Council Minutes 3 January 28, 2015 7.4 Report # PDSD-BY-01-15 - Building Inspector Appointment R2015-030 Motion by Councillor Berze and Councillor McMillan THAT a By-Law 2015-010 be approved appointing Ben Hartman as a Building Inspector. 8.0 DELEGATIONS 4:30 pm Richard Zelinka and Casey Kulchycki Zelinka Priamo Ltd. Consent Application B- 26/14 Richard Zelinka made a presentation to Council regarding consent application B-26/14. He stated that the key issue was the interpretation of the criteria which states the lot must be limited to the minimum size needed to accommodate the use and appropriate sewage and water services. Mr. Zelinka argued that in this case, the use is not only the residential use but includes the dog kennels and the sewage and water needs of the kennel. Mr. Zelinka stated that the barn structures will provide for the future needs for operators of the kennel and currently provide storage space for the residence and kennel operation and are not appropriate for livestock use. He stated that he believes the application meets both the Middlesex Centre surplus farm residence policy and PPS. Mr. Zelinka stated that the applicant has indicated a willingness to adjust lot area to reduce the size of the severed lot noting however that the PPS and Official Plan policies seek to avoid taking productive land out of agricultural use and do not seek to repatriate land for productive agricultural use. He stated that each situation is unique and this application addresses the needs within the context of what is there. 9.0 COMMITTEE OF ADJUSTMENT R2015-031 Motion by Deputy Mayor Bloomfield and Councillor Brennan THAT the Council adjourn its regular meeting at 4:27 p.m. in order to sit as Committee of Adjustment under Section 45 and 53 of The Planning Act R.S.O., 1990, as amended. 9.1 Disclosure of Pecuniary Interest and the General Nature Thereof The Municipal Conflict of Interest Act requires any member of Committee of Adjustment declaring a pecuniary interest and the general nature thereof, where the interest of a member of Committee of Adjustment 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 Committee of Adjustment and otherwise comply with the Act. Name Item Nature None were declared on January 28, 2015.
Council Minutes 4 January 28, 2015 9.2 Consent Application (B-26/14) Owners: Pete and Lynn McClary Location: 23550 Highbury Avenue North Roll No.: 393903401015400 Chair McMillan explained that the Committee of Adjustment had already had the public meeting for consent application B-26/14 on October 15, 2014. The application had been deferred pending the submission of a proposed lot layout that satisfies the severance criteria for a surplus farm residence. The application has been brought back by the applicant, without changes, for a decision. Councillor Harvey questioned the need for the barn to remain and how it can be justified as part of the residence and not a farm building. Mr. Zelinka stated that the barn is used for residential purposes and will be future storage for the kennel use on the property. Councillor Harvey stated that the barn should not be included in the proposal. The committee questioned why the house being severed and the kennel being kept with the farm. Richard Zelinka stated that the kennel and the house are tied together as the residents of the house are the operators of the kennel business noting that the kennel is not part of the farm of the operation. Chief Building Official Arnie Marsman stated that a dog kennel has a zoning setback from a neighbouring residence of 150m and it would not conform if it stayed on the farm parcel. Councillor Berze expressed concern with the size of the severed parcel being 5 acres. Mayor Edmondson asked if the dog runs could be moved the septic area for the kennel which would allow the lot size to be reduced. The owner of the kennel stated that it is critical that the runs be laid out as they are presently. Chair McMillan noted that she is unsure whether or not it is the committee s responsibility to resolve this issue. She suggested that perhaps there are some applications that just cannot be approved because they do not meet the criteria. Surplus house severances are a privilege and not a right and the privilege is based on meeting the main criteria. Deputy Mayor Bloomfield agreed that it is not up to the committee to define the boundary lines; it s the applicant s responsibility to do that. He stated that the general opinion amongst Council is to keep the severed lots no more than 2 acres. He commented that other municipalities in Middlesex County would deny an application that can t fit into the envelope or the criteria. Councillor DeViet agreed that this application does not meet the OP criteria. She commended the entrepreneurial tenants who have taken some risks but stated that decisions cannot be made for the people involved. She expressed disappointment that the application was not revised from its original submission. R2015-032 Motion by Councillor Berze and Deputy Mayor Bloomfield THAT Consent Application B-26/14, filed by Pete and Lynn McClary in order to sever a surplus farm residence on a lot with a lot frontage of approximately 100 metres along Highbury Avenue North (County Road 23) and an area of approximately 2.05 hectares; from a property legally described as Part of Lot 8,
Council Minutes 5 January 28, 2015 Concession 14 (geographic Township of London), Municipality of Middlesex Centre; be denied. R2015-033 Motion by Deputy Mayor Bloomfield and Councillor DeViet THAT Committee of Adjustment adjourn at 5:00 pm. R2015-034 Motion by Councillor Berze and Councillor DeViet THAT the Zoning By-law Amendment application, filed by Pete and Lynn McClary for the severed and retained lots of Consent B-26/14 in order to implement the severance of a surplus farm residence, be denied. 10.0 RECESS FOR DINNER R2015-035 Motion by Councillor Berze and Councillor Brennan THAT Council recess at 5:10 pm and reconvene at 7:00 pm. 11.0 COMMITTEE OF ADJUSTMENT 7:00 pm R2015-036 Motion by Deputy Mayor Bloomfield and Councillor McMillan THAT the Council adjourn its regular meeting at 7:00 p.m. in order to sit as Committee of Adjustment under Section 45 and 53 of The Planning Act R.S.O., 1990, as amended. 11.1 Disclosure of Pecuniary Interest and the General Nature Thereof The Municipal Conflict of Interest Act requires any member of Committee of Adjustment declaring a pecuniary interest and the general nature thereof, where the interest of a member of Committee of Adjustment 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 Committee of Adjustment and otherwise comply with the Act. Name Item Nature None were declared on January 28, 2015. 11.2 Minor Variance Application A-1/15 Owner: Kerri Lynn Montgomery Agent: Henry Thuss Location: 23500 Amiens Road Roll No.: 393900002039100 Chair McMillan introduced the application and outlined the procedure for the public hearing. She indicated that the purpose of the application for Minor Variance is to seek relief from the Middlesex Centre Comprehensive Zoning By-law 2005-005 as it relates
Council Minutes 6 January 28, 2015 to the location and height of a proposed residential accessory building. The effect of the proposal is to permit the construction of a detached garage closer to the front lot line than an existing single-detached dwelling. The proposed building would have a height of 7.62 metres (25 ft). The 139.3546 square metre (1,500 sq ft) detached garage is proposed to be located approximately 82.028 metres (269 ft) from the front lot line. The Comprehensive Zoning By-law restricts the heights of residential accessory buildings on the subject property to 6.5 metres (21.3 ft) and does not permit such buildings to be located in front yards or closer to the front lot line than the dwelling on the property. The subject property is known municipally as 23500 Amiens Road and is located on the east side of Amiens Road and north of Gold Creek Drive. The property is legally described as Part of Lot 1, Concession 5 (geographic Township of Lobo). Agent for the applicant, Henry Thuss stated that the purpose for the variance is to construct a detached building on the subject property for storage purposes. Planner Ben Puzanov stated that staff had just received comments from the St. Clair Region Conservation Authority with concerns based on flood hazards in the area. Mr. Puzanov stated that he is recommending a deferral until the issues can be resolved with the conservation authority. There were no members of public in attendance for this application R2015-037 Motion by Councillor Brennan and Councillor Berze THAT Minor Variance Application A-1/15, filed by Henry Thuss on behalf of Kerri Lynn Montgomery for relief from the Middlesex Centre Comprehensive Zoning By-law 2005-005 in order to construct a detached garage with a height of 7.62 metres closer to the road than a single detached dwelling; for a property legally described as Part of Lot 1, Concession 5 (geographic Township of Lobo), Municipality of Middlesex Centre and known municipally as 23500 Amiens Road; be deferred. 11.3 Consent Application (B-1/15) Owner: Norman Peel Agent: Janet Gibbons Location: 10096 Charlton Drive Roll No.: 393900003018700 Chair McMillan introduced the application and outlined the procedure for the public hearing. She indicated that the purpose and effect of the consent application is to sever a surplus farm residence on a lot with a lot frontage of approximately 194 metres (636.48 ft) along Charlton Drive and an area of approximately 2.8 hectares (6.92 ac) from a farm holding with a lot frontage of approximately 302 metres (990.81 ft) along Charlton Drive and a lot area of approximately 20.25 hectares (50 ac). The subject property is known municipally as 10096 Charlton Drive and is located on the north side of Charlton Drive and east of Poplar Hill Road. The subject property is legally described as Part of Lot 6, Concession 11 (geographic Township of Lobo). Janet Gibbons, agent for the applicant, stated that this is a difficult application partially due to the fact that it is a very special property. She gave a brief history of the property from 1977 when the current owner purchased the property. Ms. Gibbons stated that Mr. Peel would like to remain in the house and sell the farmland to an active farmer, Mr.
Council Minutes 7 January 28, 2015 McRobert. Ms. Gibbons explained that problems with past water issues on the property have been resolved because of the ponds that have been created. She indicated that Mr. Peel has created his own mini stormwater management pond to resolve the water issues. She noted that the ponds have been beautifully integrated into the residential property and benefit the house more than the farmland. She indicated that if the ponds were to be removed it would be detrimental to the residential property. Ms. Gibbons stated that the applicant has ensured that the property line has been cut as tight as possible. She stated that the ponds have been agricultural land and having the ponds remain with the farmland isn t feasible because it will put control into the hands of the farmer. The applicant does not believe that filling in the ponds is a feasible alternative. Ms. Gibbons stated that the application is consistent with all the applicable legislation and meets all criteria under all legislation except the lot size is an issue. She stated that the OP policy states that the new lot is to be limited to the minimum size to accommodate the appropriate sewer and water services. Ms. Gibbons argued that the stormwater management system (ponds) on the property is a use that is required for the residence and therefore complies with the Provincial Policy Statement. She stated that there is no agricultural land included in the severed portion of this application and that it is an opportunity to deliver the farmland to an active farmer. Janet Gibbons stated that she too would have a difficult time with this application noting that is a rare, unusual circumstance which likely will not occur again. She asked the committee to consider the greater good noting that Mr. Peel will likely leave the community if the severance isn t approved. Planner Ben Puzanov stated that six letters had been received from community members regarding the application. Mr. Puzanov agreed that the property is gorgeous and a beautifully landscaped but a severance of the house and such a large amount of land would create an estate residential lot which is prohibited by the Official Plan. Ben Puzanov indicated that some properties just simply do not fit into the criteria of OPA 33 and this property could very much be one of them. He stated that the application does not conform to PPS, or the Middlesex County and Middlesex Centre Official Plans. Vicki Edgar stated that the property is a major home for snapping turtles which are protected species under the law. She indicated that there shouldn t even be consideration of a severance where ponds would have to be filled in. She noted that the ponds should stay with Mr. Peel who has been a good steward of the property. Rick Quinn of 10187 Charlton Drive stated that the ponds contain many species that need to be protected. He indicated that Mr. Peel is a pioneer and that the ponds must stay with the residence. He stated that the pond property needs someone as an owner with passion and care to look after it. He reminded the Committee that this application is different because it is so absolutely special and asked them to recognize what Mr. Peel has already accomplished and grant him this severance. Lory Moro of 10123 Charlton Drive talked about the history of the property and the positive changes Mr. and Mrs. Peel made since he came to the community in 1978. Applicant for the agenda, Janet Gibbons stated that they would like to put in an amended application and asked for a deferral.
Council Minutes 8 January 28, 2015 R2015-038 Motion by Mayor Edmondson and Councillor DeViet THAT Consent Application B-1/15, filed by Janet Gibbons on behalf of Norman Peel in order to sever a surplus farm residence on a lot with a lot frontage of approximately 194 metres along Charlton Drive and an area of approximately 2.8 hectares; from a property legally described as Part of Lot 6, Concession 11 (geographic Township of Lobo), Municipality of Middlesex Centre; be deferred. 12.0 PUBLIC MEETINGS R2015-039 Motion by Councillor Harvey and Councillor DeViet THAT Council move into Public Meeting at 7:43 p.m. under Section 34 of the Planning Act, R.S.O. 1990, c. P13, as amended. 12.1 Application for Zoning By-law Amendment Owner: Norman Peel Agent: Janet Gibbons Location: 10096 Charlton Drive Roll No.: 393900003018700 R2015-040 Motion by Councillor Harvey and Deputy Mayor Bloomfield THAT the Zoning By-law Amendment application, filed by Janet Gibbons on behalf of Norman Peel for the severed and retained lots of Consent B-1/15 in order to implement the severance of a surplus farm residence, be deferred. 12.2 Application for Zoning By-law Amendment Owners: Gerald and Susan Wardle (G & S Farms) Agent: Laverne Kirkness (Kirkness Consulting Inc.) Location: 5491 Cook Road Roll No.: 393901905020300 Laverne Kirkness agent for the applicant stated that the rezoning is required as a condition of the severance of surplus farm dwelling which was granted in the fall. R2015-041 Motion by Councillor Berze and Councillor Harvey THAT the Zoning By-law Amendment application, filed by Laverne Kirkness on behalf of Gerald and Susan Wardle (G & S Farms), for the severed and retained lots of Consent B-27/14 in order to implement the severance of a surplus farm residence, be approved. 13.0 NEW BUSINESS Deputy Mayor Bloomfield presented the following Notice of Motion: That staff be directed to prepare a report regarding the Section 1.4 of the Middlesex Centre Official Plan that provides alternatives for the interpretation of land use boundaries. Mayor Edmondson presented the following Notice of Motions: Tourism and direction to County Council to invest in the delivery of this service
Council Minutes 9 January 28, 2015 IT Infrastructure (Broadband/Fibre/Connectivity) and the importance of an investment by the County especially if there is funding available by other governments Council asked that staff look municipalities for support. at the OPPP billing resolutions coming from various 14.0 BY-LAWS 14.1 By-Law 2015-010 Appointment Ben Hartman Building Inspector 14.2 By-Law 2015-012 - ZBA G & S Farms 14.3 By-Law 2015-014 - Confirming R2015-042 Motion by Councillor Harvey and Councillor Brennan THAT By-Laws 2015-010, 2015-012 and 2015-014 be approved and this constitutes first, second and third reading and that By-Laws 2015-010, 2015-012 and 2015-014 are hereby enacted. R2015-043 15.0 ADJOURNMENT Motion by THAT the meeting adjourn at 8:00 pm. The next Council meeting is Wednesday, February 4, 20155 at 4:00 pm.. in the Council Chamber. Mayor Clerk INFORMATION ITEMS/ /COUNCIL CORRESPO ONDENCE 1. MPAC News January 2015 2. 2014 Year End Summary Lucan Biddulph 3. Resolution Town of Pembroke OPP Billing Model 4. Poplar Hill Lions Trivia Night 5. Source Water Protection 6. Rogers Wirelesss Public Notice A community of diverse citizens, rooted in rural and urban traditions, united through involvement, cooperation, and mutual