Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 11, 2023

CASE NO(S).: OLT-22-004300

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant/Applicant: 1571145 Ontario Limited Appellant: Jim Graham Subject: Proposed Official Plan Amendment Description: To permit the development of two five-storey apartment buildings with a total of 152 units. Reference Number: 39-MC-OPA46 Property Address: 22447 Komoka Road Municipality/UT: Middlesex Centre/Middlesex OLT Case No: OLT-22-004300 OLT Lead Case No: OLT-22-004300 OLT Case Name: 1571145 Ontario limited v. Middlesex (County)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant/Applicant: 1571145 Ontario Limited Appellant: Jim Graham Subject: Zoning By-law Description: To permit the development of two five-storey apartment buildings with a total of 152 units. Reference Number: ZBA-20-2019 Property Address: 22447 Komoka Road Municipality/UT: Middlesex Centre/Middlesex OLT Case No: OLT-22-004276 OLT Lead Case No: OLT-22-004300

Heard: September 21, 2023 in writing

Parties and Counsel

1571145 Ontario Limited Analee Baroudi

Jim Graham Kim Mullin Kevin Pirak

Municipality of Middlesex Centre and County of Middlesex Wayne Meagher

DECISION DELIVERED BY ERIC CROWE ON SEPTEMBER 21, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a Settlement (written) on appeals filed by 1571145 Ontario Limited (“Applicant/Appellant”) and Jim Graham (“Appellant”) against the County of Middlesex (“County”) Council’s decision to approve the Official Plan Amendment No. 46 (“OPA 46”) and the Municipality of Middlesex Centre (“Municipality”) Council’s decision to approve Zoning By-law Amendment (“ZBLA”) No. 2022-038 applications concerning 22447 Komoka Road (“Subject Lands”).

Requested Official Plan Amendment (revised June 2023)

2The purpose of the proposed development revised June 2023, is to amend the land use designation from ‘Parks and Recreation’ to ‘Medium Density Residential’.

Requested Zoning By-law Amendment (revised June 2023)

3The purpose of the ZBLA application is to rezone the Subject Lands from the ‘Restricted Agricultural (A2)’ zone to the ‘Urban Residential Third Density Exception -18 zone.

4The effect of the proposed amendments are to facilitate medium density residential development on the Subject Lands, namely in the form of two proposed apartment buildings up to six storeys in height with a maximum of 193 units.

5The Applicant appeals both the OPA and ZBLA which involves a privately owned pond on the Subject Lands that is not identified in the Municipality Official Plan (“OP”) as a storm water management facility and was excluded from the proposed medium density designation and proposed ‘Urban Residential Third Density’ (UR3). The Applicant contends that OPA 46 should apply to the entire 5.6-hectare (“ha”) Property.

6The Appellant appeals both the OPA 46 and ZBLA on the basis that the enacted OPA and ZBLA are inconsistent with the Provincial Policy Statement (“PPS”), and do not conform with the County Official Plan (“COP”) and Municipality OP and do not represent good planning.

BRIEF CHRONOLOGY OF THE APPLICATION

7The applications were subject to public meetings on August 14, 2019, October 27, 2021, January 12, 2022 and April 20, 2022.

8Middlesex Centre Council adopted OPA 46 and passed ZBLA No. 2022-038 on April 20, 2022.

9Middlesex County Council approved OPA 46 on July 19, 2002.

PROPOSED SETTLEMENT

101571145 Ontario Limited, Jim Graham, the Municipality and the County (collectively, the “Parties”) have agreed to a comprehensive resolution of the appeals and wish to reflect their agreement, and to place the proposed Minutes of Settlement (MOS) dated August 3, 2023 and marked as Exhibit 2, (the Affidavit of Notice was previously marked as Exhibit 1) herein before the Tribunal for approval, including the modified OPA appended as Schedule 1 and modified ZBLA appended as Schedule 2.

WITNESSES

11Evidence in support of the proposed applications was provided by the Affidavit of Jay McGuffin a land use planner, sworn on August 31, 2023 and Affidavit of Rebecca Walker, a engineer, sworn on August 31, 2023 which both included their Curriculum Vitae and Acknowledgements of Expert’s Duty.

12The Tribunal received and marked the following new documents as Exhibits:

Exhibit 2: Minutes of Settlement Exhibit 3: Affidavit of Jay McGuffin Exhibit 4: Affidavit of Rebecca Walker

SETTLEMENT

13The effects of the proposed amendments are to facilitate medium density residential development on the Subject Lands, namely in the form of two proposed apartment buildings up to six storeys in height with a maximum of 193 units.

14A proposed Stormwater Management Pond No. 1 (“SWM Pond”) will be constructed on the Subject Lands prior to construction on the lands for residential purposes.

15Included in the development proposal, is an obligation for the transfer of a part of the lands from the Applicant to Middlesex Centre in accordance with the terms of an agreement of purchase and sale (“APS”) between the Applicant and Middlesex Centre.

16This transfer is required for the construction of a Regional SWM Pond by Middlesex Centre located in the southerly portion of the Subject Lands.

17The design, construction, operation and maintenance of the SWM Pond is to be undertaken by Middlesex Centre in accordance with the Engineers’ Agreed Statement of Facts (“ASF”).

18The land area for the transfer has been identified as approximately 2.135 ha which is to be confirmed through the detailed engineering design and the APS.

19An existing Berm currently exists on the Subject Lands between the existing Pond on the Subject Lands and the existing Pond on the Graham Lands. The Municipality shall ensure the following with respect to the Existing Berm:

(i) Notwithstanding any other provision of these Minutes, the Existing Berm will be a part of the SWM Pond design, and the exact specifications and location of the finalized Berm on the Subject Lands will be determined by the final detailed design of the SWM Pond, and in accordance with Municipal Standards;

(ii) The Existing Berm will be maintained at an elevation no lower than the existing Berm height identified in Schedule “D”;

(iii) The Municipality will make reasonable efforts to maintain the Existing Berm, should Municipal Standards allow for such maintenance;

(iv) Graham will have the opportunity to provide comments on the restoration and landscape plan for any section of the Existing Berm adjacent to his property where the Berm may be required to be altered and restored;

(v) Any disturbance to the Existing Berm during construction will be restored to be in accordance with the final detailed design.

(vi) The SWM Pond will be fenced with black chain link fencing as close to the shared property line as possible between the Subject Lands and the Graham Lands, as determined by the final detailed design.

(vii) During the detailed design of the SWM Pond, Mr.Graham will be provided an opportunity to communicate concerns to Middlesex Centre regarding the design, including the proposed fencing, Berm restoration, location, permanent pool water elevation and landscape plans. Middlesex Centre will provide a high-level response to Graham’s communicated concerns, which, the Parties acknowledge that Graham is not entitled to a peer review of the design.

ENGINEERS AGREED STATEMENT OF FACTS

20The Parties agree to the facts, as stated below.

1. The SWM Pond will be located at 22447 Komoka road Property (address subject to change after land severance).

2. The SWM Pond will be designed by an engineer appointed by the Municipality of Middlesex Centre as a Municipal and Regional Stormwater Management Facility in accordance with the completed and accepted Middlesex Centre Settlement Area Stormwater Master Plan-Municipal Class EA (“MCSASMP”). The total drainage area and all included sub-catchment areas will be confirmed in the final detailed design stage of the SWM Pond. The intent is to be consistent with the completed MCSASMP.

3. The SWM Pond will be owned, operated, and maintained by the Municipality of Middlesex Centre. The land transfer to the Municipality is proposed to be completed through an APS between the Municipality and the Land Owner/Developer of the 22447 Komoka Road Property.

4. The Municipality of Middlesex Centre will award the SWM Pond design and the sizing of the SWM Pond block through a Request for Proposal (“RFP”) and will select a consulting company for this project.

5. Currently, the background design studies are in progress, however, the SWM Pond size and land requirements have not yet been determined, and there is no complete design work.

6. The SWM Pond will be designed to accommodate stormwater from the intended service area presented in the MCSASMP, as generally delineated on the attached sketch – refer to Figure 1, below.

Figure 1 – Refer to Paragraph six, above.

7. As part of the SWM Pond design, a hydrogeological assessment will be completed to evaluate potential impacts on the Graham property pond water levels and identify mitigation measures that will be incorporated into the SWM Pond design. The hydrogeological assessment will identify a recommended design permanent pool elevation. The implementation of the recommendations in the hydrogeological report will be part of the detailed design process.

8. The background studies (Hydrogeological Assessment and Geotechnical Investigation) for the SWM Pond are in progress by LDS Consultants Inc., the Sub-Consultant to Stantec, and this design work is overseen/coordinated by Middlesex Centre.

9. Based on the preliminary information in these reports, the SWM Pond will incorporate a low permeability liner to reduce groundwater/surface water interactions.

10. The SWM Pond will include a new storm drainage outlet to a proposed storm sewer located on Komoka Road, which will convey treated stormwater southward to the Thames River. This proposed storm outlet will be located within the Komoka Road right-of-way (Middlesex County).

11. This SWM Pond will be developed as a municipal facility. Middlesex Centre together with its multidiscipline Consulting Teams, will design and construct the storm/drainage and SWM services in accordance with municipal and provincial requirements for this water resources infrastructure.

12. Buffers/setbacks from the SWM Pond boundaries to the proposed development adjacent lands/properties will be identified and finalized at the SWM Pond detailed design stage.

13. The total footprint of the SWM Pond is proposed to be located within the SWM Pond block, which is located entirely within the 22447 Komoka Road property limits. No grading or other works will take place on the Graham property without prior written consent.

14. The Middlesex Centre Master Trail Plan does not identify any trail at this area. However, at a minimum there will be a maintenance/access path required around at least a portion of the facility.

15. The proposed SWM Pond block is currently identified within the UTRCA Regulated Area. The Municipality will, if required, consult with UTRCA to confirm their involvement in permitting.

16. MECP is and will be kept informed on the SWM Pond status.

SUBJECT LANDS AND SITE CONTEXT

21The Subject Lands are approximately 5.9 ha in area, with a frontage of approximately 301.8 metres (“m”) along Komoka Road.

22Generally, the lands are located at the corner of Komoka Road and Glendon Drive within the Komoka-Kilworth Urban Settlement Area, and are vacant of any formal development but do contain a Pond resulting from historical extraction of aggregate on the southern portion. The topography of the site is generally flat with a Berm existing at the southern/southwestern limit of the site.

23Residential uses (single detached and townhouse dwelling units) exist immediately to the west, commercial uses immediately to the north, and Ponds and a residential parcel to the south and agricultural lands to the east.

24The Subject Lands are capable of being serviced with full municipal services.

PROVINCIAL POLICY STATEMENT (2020)

25Mr. McGuffin’s Affidavit outlined the various provisions of the PPS. He advised that the management and direction of land use to achieve efficient development patterns and resilient development and land use patterns:

(1.1) is promoted through the accommodation of an appropriate affordable and market-based range and mix of residential types including multi-unit housing and other uses to meet the long-term needs (1.1.1 a, b).

Promoting the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development pattern, optimization of transit investments and standards to minimize land consumption and servicing costs (1.1.1 (c ))

Appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety (1.1.3.4).

New development taking place in designated growth areas should occur adjacent to the existing built-up area and should have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities (1.1.3.6).

The promotion of an appropriate range and mix of housing types and densities and the direction of new housing development to areas where there is an appropriate level of infrastructure. Municipalities are to provide opportunities for all forms of housing and intensification to meet the social, health and well-being needs of the current and future community (1.4).

Infrastructure and public service facilities shall be provided in an efficient manner that prepares for the impacts of a changing climate while accommodating projected needs (1.6).

Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas to support protection of the environment and minimize potential risks to human health and safety. Within settlement areas with existing municipal sewage services and municipal water services, intensification and redevelopment shall be promoted wherever feasible to optimize the use of the services (1.6.6.2).

Planning for stormwater management should be integrated with planning for sewage treatment and water services to ensure that systems are optimized, feasible and financially viable over the long-term, minimize or prevent an increase in negative impacts on the environment and water system; does not increase risk to human health and safety and property damage; promotes stormwater management best practices such as stormwater attenuation and re-use and low impact development (1.6.6.7).

Development is to be generally directed to areas outside of hazardous lands which are impacted by flooding hazards and erosion hazards (3.1).

Development on, abutting or adjacent to lands affected by former mineral aggregate operations may be permitted only if rehabilitation or other methods to address and mitigate suspected hazards are under way or have been completed. Planning authorities should support, where feasible, on-site, and local re-use of excess soil through planning and development approvals while protecting human health and the environment (3.2).

MIDDLESEX COUNTY OFFICAL PLAN

26The affidavit of Mr. McGuffin outlined the various policies of the Middlesex County OP. He advised the Subject Lands are identified as being located within the Kilworth “Settlement Area”.

27Section 2.3.8:

Policy Framework-Settlement Areas of the County Plan recognizes that Settlement Areas will be the focus for future growth including residential uses. These areas are intended to have a wide range of land uses and full municipal servicing conjunction with Section 2.4.5 of the County OP. Additionally, Section 2.3.7 encourages a wide variety of housing types, sizes and tenure to meet market requirements and demand for current and future residents.

28Section 2.3.11:

Natural Hazards states that no buildings or structures, nor the placing or removal of fill of any kind whether originating on the site or elsewhere, nor grading shall be permitted in an area subject to the Conservation Authorities Fill, Construction and Alteration to Waterways Regulations, except where such buildings, structures or fill are intended for floor or erosion control or maintenance and management of the natural environment, recreational purposes or non-residential accessory farm buildings; and are approved by the County and the Conservation Authority.

29Section 2.4.5:

Sanitary Sewers and Water of the County Plan promotes efficient and environmentally responsible development that can be supported by full municipal sanitary sewers and water services.

30Section 3.2:

Detailed Land Use Policies-Settlement Areas provides additional development policies for lands within Settlement Areas. The County OP further supports that Settlement Areas are developed in a manner that is phased and compact and preserves the historic character of Settlement Areas and complements the positive elements of the existing built-form.

31As the lands proposed to be developed are located within a settlement area that permits a wide range of land uses, no amendment to the County OP is required.

MUNICIPLALITY OF MIDDLESEX CENTRE OFFICIAL PLAN

32The affidavit of Mr. McGuffin outlined the various policies of the Municipality of Middlesex Centre Official Plan (“Municipality OP”). He advised the Municipality OP shows the land located along the southern boundary of the Komoka-Kilworth Urban Settlement Area and Secondary Plan on Schedule A-2 and designated ‘Parks and Recreation’.

33Section 3.6:

Floodplain Areas details policies for the floodplain system, and requirements when development is proposed in the area. Applicants are required to provide a Development Assessment Report that demonstrates no increased risk to life and property and no impact on the flood conveyance, upstream or downstream levels or aggravation of existing natural hazard processes such as slope stability.

34Section 5.7.1:

Komoka-Kilworth Secondary Plan Goals establish the need to find a balance between a mix of land uses that serve key functions of a complete and vibrant community. Land uses include housing with different densities, local businesses, employment, institutions and recreation.

35Section 5.7.4 – The Komoka-Kilworth Residential Area Policies summarized below apply to lands designated ‘Medium Density Residential’:

• The ‘Medium Density Residential’ designation has a housing mix target of 40% which refers to the intended balance between low density and medium density residential development in Komoka-Kilworth. Medium density development is intended to have a net density of 20 to 50 units per ha.
• Multiple dwellings shall also be permitted in the ‘Residential’ designation in accordance with Section 5.2.3 – Policies for Multiple Dwellings in Residential Areas.
• Development proposals shall provide for a diverse mix of multi-unit housing forms and choices of accommodate the needs and lifestyles of people at different stages throughout their life; provide building orientation, façade and landscape treatments that create an attractive streetscape.
• Development proposals along Glendon Drive must provide for building orientation, façade and landscape treatments that create an attractive streetscape. Back-lotting onto Glendon Drive is highly discouraged.
• Improvements to the Glendon Drive streetscape such as improved urban design, underground utilities and the provision of bike lanes may be a condition of development.
• All new developments must ensure appropriate orientation and massing of residential buildings to provide adequate private and public open spaces, and to facilitate the penetration of sunlight to these spaces.
• In addition to compliance with the urban design guidelines, private garages for residential development shall not project into the front yard than the habitable portion of the building or porch on the main floor in order to limit visual and streetscape impacts of garages.
• Entrance features to new residential neighbourhood development shall be encouraged where features are landscape related and require minimal maintenance.

36Section 5.7.7:

Komoka-Kilworth Parks and Recreation area Policies and Section 8.0 – General Parks and Recreation Areas seek to enhance connectivity with passive and active transportation modes and provide recreational facilities for all residents.

37Land designated within the Parks and Recreation Areas immediately surrounded and adjacent to the existing aggregate Ponds as shown on Schedule A-2 shall be planned and designed for compatible forms of public or private outdoor recreation including the consideration for both land-and water-based recreation. The dedication of land for Multi-Use trails in these areas shall be required as a condition of development, and additional lands within these areas may be considered as part of the mandatory parkland dedication subject to the policies of Section 8 and/or Section 9.4.6 of this Plan as the case may be.

38Section 5.7.8:

Komoka-Kilworth Community Gateway Policies for Komoka-Kilworth are intended to promote a strong visual identity and signal the entry into the community. As such, these areas are intended to have landmark features such as signage and special landscape treatments that have visual prominence.

39Section 5.7.11:

Komoka-Kilworth Servicing Policies identify that all land use and development proposals require full municipal services. This includes sanitary sewage collection and treatment, stormwater management and water distribution.

40Section 6.3:

Design Policies-Site Plans and Infill Developments provide additional direction to guide infill development to ensure there is compatibility with existing residences and neighbourhoods. High quality site design and architectural design is encouraged for new medium density residential development. Setbacks, massing, location of parking, architecture and other design elements will be carefully reviewed to ensure new development is in keeping with the character of the neighbourhood.

41Komoka Road (County Road 16) is an arterial road with a planned function to serve high volumes of local and regional traffic at medium and high speeds. Access will generally be limited to public road intersections to preserve through-traffic movement. Additionally, policies within this section address appropriate setbacks and location of driveway accesses to minimum visual traffic hazards and provide opportunities for roadway widening of rights-of-way extensions.

MIDDLESEX CENTRE’S COMPREHENSIVE ZONING BY-LAW

42Mr. McGuffin’s affidavit described the Subject Lands currently zoned ‘Restricted Agricultural (A2)’ which permits all agricultural uses; except the keeping of livestock and storage of manure due to proximity to the urban settlement area.

43The ZBLA rezones the Subject Lands to a site specific UR3-18 zone.

SUMMARY

44Mr. McGuffin summarized his Expert planning opinion. In his opinion, the Subject Lands are located in an urban settlement area targeted to receive the majority of growth and intensification in the Municipality, capable of being serviced by full urban municipal services in proximity to the Village Centre, adjacent to, and within walking distance of, settlement commercial areas and within proximity to provincial and municipal parks including the Wellness and Recreational Centre and other community services.

45A Regional SWM solution has been identified, and an APS for the conveyance of lands for that system to Middlesex Centre has been entered into, which addresses all areas of concern in regards to Stormwater Management relating to the Subject Lands and surrounding lands.

46Holding provisions have been proposed through the Zoning to require site plan (h-2), an urban design brief to illustrate alignment with municipal urban design policies (h-7), and for the conveyance of land to the Municipality for SWM purposes including the construction of the SWM Pond by the Municipality on those conveyed lands prior to any residential development occurring on the retained lands (h-11).

47In Mr. McGuffin’s planning opinion, the proposed Draft OPA 46 and Draft ZBA are consistent with the PPS, conform to the policies of the County OP, maintain the general intent and purpose of the Municipality OP and ZBL, and represent good land use planning.

48Ms. Walker summarized her opinion that the proposed Municipal and Regional SWM facility located within a portion of the Subject Lands, in accordance with the MCSASMP and informed by technical background studies will effectively address potential concerns from all Parties to this matter.

49In Ms. Walker’s opinion, the redevelopment of the Subject Lands can proceed following the construction of the Municipal and Regional SWM facility, which will be sized to include stormwater flows from the established sub catchment arear identified in the MCSASMP Class EA, and which includes the Subject Lands.

FINDINGS AND DISPOSITION

50In the absence of any planning evidence to the contrary, the Tribunal finds and accepts the land use planning evidence and expert opinion provided by Mr. McGuffin, and engineering evidence of Ms. Walker that that the proposed OPA and ZBLA conforms with the applicable Municipal Plans and, correspondingly, satisfies all of the criteria of the Planning Act, and otherwise, represents good planning and is in the public interest.

51The Tribunal acknowledges the cooperation between the Parties to reach a Settlement in these proceedings.

ORDER

52THE TRIBUNAL ORDERS:

(a) That the appeal of the Official Plan Amendment is allowed in part, and the proposed amendment to the Municipality of Middlesex Centre’s Official Plan, as modified and recommended for approval by the Parties, attached hereto as Schedule 1, is hereby approved;

(b) That the appeal of the Zoning By-law Amendment is allowed in part, and the proposed amendment to the Municipality of Middlesex Centre Zoning By-law No. 2005-005, as modified and recommended for approval by the Parties, attached hereto as Schedule 2, is hereby approved; and

(c) That the appeal is allowed in part, and By-law (the Comprehensive Zoning By-law) is hereby amended in the manner set in Schedule 2 to this Order. The Tribunal authorizes the municipal clerk to assign a number to this by-law for record keeping purposes.

“Eric S. Crowe”

ERIC S. CROWE MEMBER

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

SCHEDULE 1

AMENDMENT NO. 46 TO THE OFFICIAL PLAN OF THE Municipality of Middlesex Centre

Location: The property is located on the west side of Komoka Road and south of Glendon Drive. The subject property is legally described as Part Lot 4, Concession 1 (geographic Township of Lobo), Municipality of Middlesex Centre.

Date: MONTH XX, 2023

Approval Authority: County of Middlesex

To the Official Plan of the Municipality of Middlesex Centre

PART A - THE PREAMBLE - does not constitute part of this Amendment.

PART B - THE AMENDMENT - consisting of the text which constitutes Amendment No. 46

PART C - THE APPENDICES - do not constitute part of this Amendment.

SCHEDULE 2

Municipality of Middlesex Centre By-Law 2023-XXX

Being a by-law to amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to Concession 1 N PT Lot 4 RP 33R16300 Part 1 (geographic Township of Lobo), Municipality of Middlesex Centre. Roll number: 393900002001000

WHEREAS the Council of the Municipality of Middlesex Centre deems it advisable to amend the Middlesex Centre Comprehensive Zoning By-law 2005-005;

AND WHEREAS this By-law is in conformity with the Middlesex Centre Official Plan;

THEREFORE the Council of the Municipality of Middlesex Centre enacts as follows:

1. That Zoning Map Schedule ‘A’ Key Map 79 to the Middlesex Centre Comprehensive Zoning By-law 2005-005, is hereby amended by changing from the ‘Restricted Agricultural (A2)’ zone to the ‘Urban Residential Third Density exception 18 with Hold (UR3-18)(h-2)(h-7)(h-11)’ zone that land drawn in heavy solid lines and identified on Schedule ‘A’, attached hereto and described as Part lot 4, concession 1 (geographic Township of Lobo), Municipality of Middlesex Centre.

2. That Section 10.3 ‘Exceptions’ of the Middlesex Centre Comprehensive Zoning By-law 2005-005 be amended by adding the following subsection:

“10.3.18”

(a) DEFINED AREA UR3-18 as shown on Schedule “A”, Key Map 79

(b) MINIMUM SIDE YARD SETBACK apartment dwelling, multiple unit dwelling 3 m (9.84 ft); 10 m (32.8 ft) from a property line that abuts a Commercial Zone

(c) MINIMUM REAR YARD SETBACK (i) accessory parking structure 8 m (26.25 ft.); Section 4.1 (a) (v) of this by-law shall not apply to the lands (ii) apartment dwelling, multiple unit dwelling 15 m (49.2 ft)

(d) MAXIMUM UNITS 193 units Section 10.1.10 of this by-law shall not apply to the lands.

(e) MINIMUM AMENITY AREA 45 m²/ dwelling unit Section 10.1.11 of this by-law shall not apply to the lands.

Amenity Area means a space located indoors or outdoors for the passive enjoyment and active recreational needs of the residents in a building containing apartment dwelling units and/or multiple dwelling units. Amenity Area includes, but is not limited to, outdoor patios, open landscaped areas, communal indoor and/or outdoor fitness spaces, communal indoor social spaces, swimming pools, private balconies, and outdoor rooftop decks, but does not include lobbies, common laundry areas, storage areas, hallways, parking areas, and loading spaces.

(f) MAXIMUM LOT COVERAGE OF AN ACCESSORY PARKING STRUCTURE Section 4.1 (b) of this by-law shall not apply to any accessory parking structure on the lands. An accessory parking structure shall be included in the calculation of lot coverage for the main residential building(s) to a combined maximum of 35% and the lot coverage of an accessory parking structure shall not exceed the lot coverage of the residential building(s).

(g) VISITOR PARKING A minimum of 0.1 parking spaces per 1 dwelling unit shall be provided on site for visitors. Driveways, garages or parking spaces provided for each unit in accordance with Section 4.24 (b) of this by-law for residential uses shall not be considered as a visitor parking space.

(h) MAXIMUM HEIGHT OF AN ACCESSORY PARKING STRUCTURE 6.5 m (21.33 ft.) Section 4.1 (c) of this by-law shall not apply to any accessory parking structure on the lands.

(i) HOLDING SYMBOL The precondition for the removal of the “(h-11)” holding symbol shall be that a detailed design of the Regional Stormwater Management Facility, and supporting stormwater management calculations, be finalized and accepted to the satisfaction of the Municipal Engineer and that construction of the facility, including an outlet to the Thames River, has been completed.”

3. This by-law does not come into force and take effect until after Amendment No. 46 to the Middlesex Centre Official Plan has been approved by the County of Middlesex in accordance with the provisions of Section 24(2) of the Planning Act, R.S.O 1990, c. P.13.

Passed this xx day of Month, 2023.

Aina DeViet, Mayor James Hutson, Clerk