The implementation of the Transport Terminal use and provisions has become inconsistent between zoning districts and zones. Given the provincial regulatory framework, an increase in international shipping traffic, and the fact that the City of Windsor is a border city, it is anticipated that there will continue to be a high demand for Transport Terminals in Windsor.

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.

Therefore, Administration is recommending an Interim Control by-law that prohibits the creation of a new Transport Terminal in any MD1. or MD2. zoning districts and M1 zones in the City of Windsor. 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.

Risk Analysis:

The proposed Interim Control By-law will prohibit the creation of a new Transport Terminal in any Manufacturing District or Industrial Zone in the City of Windsor until the study is completed. The Planning Act does provide City Council the authority to grant exceptions to the by-law while the study is being completed. There is a moderate risk that property owners could be faced with a delay to create new transport terminals while the study is being completed.

If the Interim Control By-law is not approved, there is a moderate risk that additional Transport Terminals could be created that are not be 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 Interim Control 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.