On June 3, 2019, Council approved Interim Control By-law 78-2019 (see Appendix A) that prohibits the creation of a new Transport Terminal in any MD1. or MD2. zoning districts and M1 zones in the City of Windsor. No appeals were received. This will allow Administration to study the extent of the problem, propose possible solutions and provide revised policies and provisions that aim to balance the needs of Transport Terminal and shipping business owners, truck operators, and surrounding businesses and residents.

The main purposes of doing the study is to ensure that Transport Terminal is appropriately permitted or prohibited, that the provisions for a Transport Terminal are consistent with the policy direction of the Official Plan, and that a Transport Terminal is not detrimental to surrounding existing and potential land uses. It is acknowledged that this is not just a regulatory problem, and that the study should not be limited to review of the existing Zoning By-laws.

Discussion:

The study is currently underway, however, additional time is required to complete the study, to table it at a future Development & Heritage Standing Committee Meeting, to allow for review and discussion at a further meeting of the Development & Heritage Standing Committee, and to allow City Council to make a decision on the study, and to implement the recommendations, if any, of City Council.

Section 38(2) allows the council of a municipality to pass a by-law to amend the ICBL to extend the period of time during which it will be effect, provided the total period of time does not exceed two years from the date of the passing of the ICBL. Any person or public body given notice of any extension to the ICBL, within 60 days of the passing of the extension, may appeal the passing of the extension to the Local Planning Appeal Tribunal.

While Interim Control By-law 78-2019 prohibits the creation of a new Transport Terminal in the City of Windsor, Council also authorized:

That Council MAY REVIEW, on a case-by-case basis, any requested amendments to the Interim Control By-law where there is a determination that the creation of a new Transport Terminal would not conflict with the general purpose and intent of the Interim Control By-law

In order to ensure that the exemption requests are processed consistently and fairly, Planning Staff established the following criteria in evaluating said requests:

Consistency with the Official Plan and Zoning By-law - The underlying Official Plan designation and zoning district will be considered. Specifically, whether the Transport Terminal is consistent with the Official Plan designation and is permitted as a main use by the zoning district;

Impact on surrounding infrastructure - What the impact may be on surrounding infrastructure, mainly roads, including potential wear and tear, as well as how the impact on the safety and functionality of the surrounding road network; and,