Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 13, 2025
CASE NO(S).: OLT-24-000956
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Southside Construction Management Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the use of a proposed drive-thru restaurant on the subject lands
Reference Number: ZBA9-2024
Property Address: 22226 Adelaide Street
Municipality/UT: Strathroy-Caradoc/Middlesex County
OLT Case No.: OLT-24-000956
OLT Case Name: Southside Construction Management Ltd. v. Municipality of Strathroy-Caradoc
Heard: January 29, 2025 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Southside Construction Management Ltd. ("Applicant/Appellant") | Analee Baroudi |
| Municipality of Strathroy-Caradoc ("Municipality") | Alex Ciccone |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARON L. DIONNE ON JANUARY 29, 2025 AND ORDER OF THE TRIBUNAL
1This is the Tribunal’s Decision and Order stemming from a first Case Management Conference (“CMC”) on an appeal by Southside Construction Management Ltd., in respect of the refusal of the Council of the Municipality of Strathroy-Caradoc to pass a by-law to amend the Municipality’s Zoning By-law (“ZBL”), affecting the lands municipally known as 22226 Adelaide Street, Mount Brydges (“Subject Property”).
2The Applicant/Appellant’s planning application seeks to rezone the lands to a Highway Commercial Zone to permit a proposed drive-thru restaurant, and site-specific exceptions to the performance standards in the ZBL related to lot frontage, front yard setback, exterior side yard setbacks, landscape buffer, stacking in a drive-thru, and parking.
3The Tribunal received an Affidavit of Service, sworn on December 12, 2024, confirming that proper notice of this CMC was given, and marked same as Exhibit 1.
REQUESTS FOR STATUS
4The Tribunal received and reviewed a request for Party Status from Julie McDonald, who resides within 200 metres of the Subject Property. Upon questions of the Tribunal, Ms. McDonald confirmed that she had not made oral or written submissions in respect of the planning application before Council made its decision, and that she wished to change her request for status to that of a Participant instead.
5Having considered the submissions, the Tribunal granted Julie McDonald Participant Status in this matter, and accepted the Participant Statement on consent of the Parties.
PROCEDURAL MATTERS
6The Tribunal was advised that the Parties have been engaged in on-going discussions, which has involved a recent submission of additional information related to the development proposal to the Municipality, in an effort to find some resolution to, and scoping of, the issues between them. The Parties agreed on procedural matters and were seeking the scheduling of a hearing, of five (5) days in length, to be held preferably in June 2025.
7The Tribunal received and reviewed a Draft Procedural Order (“PO”). The Parties were confident that within two weeks of the CMC, they would be in a position to refine the list of issues and update the PO.
8The Parties were also aware that, should they have an interest, there are opportunities for Tribunal-led mediation available.
9The Tribunal inquired as to whether there were any other matters to be addressed, and the Parties indicated there were none.
NEXT STEPS
10A hearing of the appeal is scheduled to commence on Monday, June 9, 2025, at 10 a.m. by video conference, for a period of five (5) days (being June 9 - 13, 2025, all inclusive).
11Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/909787981
Access code: 909-787-981
12Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9391 or Toll Free 1-888-455-1389. The access code is as indicated above.
13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
14At the time of issuance of this decision, the Tribunal had not received a revised PO on consent of all Parties despite the Tribunal’s request made at the CMC.
ORDER
15THE TRIBUNAL ORDERS THAT the Parties deliver a Procedural Order in agreed form and content by Friday, February 28, 2025, or if such agreement cannot be reached with any remaining areas of disagreement clearly delineated.
16This Member shall be seized for the purpose of reviewing and finalizing the Procedural Order for issuance.
“Sharon L. Dionne”
SHARON L. DIONNE MEMBER Ontario Land Tribunal
Website: www.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.