Proximity to sensitive land uses - The distance to the closest sensitive use will be considered;

Likelihood of additional mitigation measures - This criteria considers compatibility with surrounding uses. The Transport Terminal Study may recommend that additional mitigation measures be undertaken in order to permit a Transport Terminal on the property. Approval of the exemption request may prejudice the Study.

To-date, eight requests to exempt a parcel from the provisions of Interim Control By-law 78-2019 have been received. Using the aforementioned evaluation criteria, Planning Staff recommended approval of three requests for an exemption from the provisions of the ICBL, recommended denial of three requests, and are currently processing two more requests. The initial six requests were considered at the March 9, 2020 meeting of the Development & Heritage Standing Committee. City Council will make a final decision at a Council meeting thereafter.

There is no statutory requirement to provide any notice or hearing prior to the passing of an extension of the period an ICBL is in effect. However, subsequent to passing an extension to the period an ICBL is in effect, Section 38(3) requires that the City give notice of passing of the amending by-law in the manner and to the persons and public bodies and containing the information prescribed, within 30 days of the passing. Section 9 of the Ontario Regulation 545/06 describes how notice of passing a by-law extending the period during which an interim control by-law will be in effect shall be given.

Section 38(7) prohibits an ICBL from being passed for the same land for a period of three years from the date the former ICBL ceased to be in effect.

Risk Analysis:

If the amending by-law to extend the period during which Interim Control By-law 782019 is in effect is not approved, there is a moderate risk that new Transport Terminals could be created that are not compatible with surrounding uses and continue to create complaints.

Financial Matters:

The required Interim Control Study will be prepared using in-house staff resources which is within the departmental budget.

Consultations:

This report was prepared in consultation with the Legal Department. The findings and recommendations of the of the study will be prepared in consultation with appropriate businesses, property owners, and operators as well as the general public - all as part of a public consultation process, including Development and Heritage Standing Committee.