Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 13th, 2024
CASE NO.: OLT-24-000265
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Rasha Nasser
Subject: Application to amend the Zoning By-law – Refusal
Description: To permit a “sign shop establishment” as a permitted use in addition to the site's current uses.
Reference Number: Z10-22
Property Address: 4074 & 4086 Elgin Road
Municipality/UT: Thames Centre/Middlesex Co
OLT Case No.: OLT-24-000265
OLT Case Name: Rasha Nasser v. Municipality of Thames Centre
BEFORE:
GEORGE POLITIS MEMBER
Friday, the 13th day of December, 2024
THIS MATTER/THESE MATTERS, in respect of the lands at 4074 & 4086 Elgin Road in the Municipality of Thames Centre, having come for a public hearing on May 23rd, 2024 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Order on June 11th, 2024; and
THE TRIBUNAL having been advised by the Parties on September 17th, 2024 that a full settlement had been reached, on consent;
AND THE TRIBUNAL having conducted a hearing, in writing, on November 20th, 2024 and having read the materials filed, on consent of the parties;
AND THE TRIBUNAL, having received and considered:
i. the uncontested written land use planning opinion evidence from Stewart Findlater, a Registered Professional Planner and full member of the Canadian Institute of Planners, and Ontario Professional Planners Institute, in his comprehensive Affidavit, sworn October 16, 2024; and,
ii. having reviewed the draft final Zoning By-law Amendment to Zoning By-law No. No. 75-2006, as amended, with respect to lands municipally known as Part of Lot 12, Concession 3 SRT (geographic Township of North Dorchester) and designated as Part 1 on Reference Plan 33R-5967 and Part 1 on Reference Plan 33R-1719 Municipality of Thames Centre (“Subject Lands”); and,
iii. having reviewed the Settlement consisting of a request to permit a Sign Shop Establishment as a permitted use in the existing metal clad building; and,
iv. having considered the approval of the Settlement by City Council on September 16, 2024; and,
v. the specific context of the surrounding area, in particular the amended zoning designation of site specific Hamlet Residential (“HR 13”) located in a sensitively low density neighborhood, ensures there will be no unacceptable adverse impacts on surrounding properties or the public realm;
AND THE TRIBUNAL, having accepted the uncontradicted Affidavit evidence of Stewart Findlater, with respect to the draft final ZBA and finding that the ZBA as proposed is consistent with, conforms to, and is in keeping with applicable policies and guidelines of the Province of Ontario including The Corporation of the Municipality of Thames Centre;
i. The Planning Act, R.S.O. 1990, c. P.13;
ii. The Provincial Policy Statement 2020;
iii. The Provincial Policy Statement 2024 was issued under Section 3 of the Planning Act and came into effect on October 20, 2024. The Reports did not consider the 2024 Provincial Policy Statement;
iv. County of Middlesex Official Plan including the Hamlet of Mossely;
v. Thames Centre Official Plan and other Relevant Guidelines.
Finally, as a matter of record, Counsel for each of the Parties were invited to provide submissions relating to the pending new Provincial Planning Statement 2024 (“New PPS”) framework. There were no concerns or issues relating to the Settlement.
THIS MATTER having been heard by written hearing.
AND THE TRIBUNAL having reviewed the affidavit of Stewart Findlater sworn October 16, 2024 and having reviewed the Minutes of Settlement executed by all Parties relating to the approval of a zoning by-law amendment pertaining to lands known as 4074-4086 Elgin Road in the Municipality of Thames Centre in the County of Middlesex.
NOW THEREFORE
THE TRIBUNAL ORDERS
(a) That in accordance with subsection 34(26)(b) of the Planning Act, R.S.O. 1990, c. P.13 the appeal is allowed in part, and Municipality of Thames Centre Zoning By-law No. 75-2006 is hereby amended in accordance with the zoning by-law amendment found at Attachment 1 to this Order.
AND THE TRIBUNAL FURTHER ORDERS that this concludes the appeal of Rasha Nasser.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
Attachment “1” – Zoning By-Law Amendment
THE CORPORATION OF THE MUNICIPALITY OF THAMES CENTRE
BY-LAW NO.
Being a By-Law to amend By-Law 75-2006, as amended, Insofar as it relates to the lands located at
Part of Lot 12, Concession 3, SRT, (geographic Township of North Dorchester), designated as Part 1 on Plan 33R-1719 And Part 1 on Plan 33R-5697, in the Municipality of Thames Centre, in the County of Middlesex.
(4074 Elgin Road and 4086 Elgin Road)
WHEREAS the Council of the Corporation of the Municipality of Thames Centre deems it advisable to amend Comprehensive Zoning By-Law No. 75-2006;
NOW THEREFORE the Council of the Corporation of the Municipality of Thames Centre hereby enacts as follows:
THAT Schedule ‘A’, Map No. 49A of Comprehensive Zoning By-Law No. 75-2006 is hereby amended by changing form the Hamlet Residential (HR) Zone to a site specific Hamlet Residential (HR-13) Zone, those lands as outlined in heavy solid lines and described as HR-13 on Schedule ‘A’ attached hereto and forming part of this By-Law, being Part of Lot 12, Concession 3, SRT (geographic Township of North Dorchester), designated as Part 1 on Plan 33R-1719 and Part 1 on Plan 33R-5967, in the Municipality of Thames Centre, in the County of Middlesex and known municipally as 4074 Elgin Road and 4086 Elgin Road.
THAT Section 8.4 of Comprehensive Zoning By-Law 75-2006, being the Special Provisions of the Hamlet Residential (HR) Zone is herby amended with the addition of the following:
“8.4.13 HR-13
(1) Defined Area
HR-13 Schedule ‘A’, Map 49A to this By-Law
(2) Permitted Uses
The following use is permitted in the HR-13 Zone in addition to all other uses specified in Section 8.2:
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(a) Commercial indoor storage within the existing building.
- That this By-Law comes into force and takes effect upon the day of passing in accordance with the provisions of Section 34 of the Planning Act, R.S.O 1990, c.P.13.
READ a FIRST and SECOND time this day of , 2024.
READ a THIRD time and FINALY PASSED this day of , 2024.
Mayor, S. McMillan
Clerk, J. Nethercott