Interim Control By-law 78-2019 1790 Provincial Road, Windsor ON

EXEMPTION REQUEST

– Industrial 1790 Provincial Road is designated on Schedule D Land Use in the City of Manufacturing Districts 1 (Light Industrial / Business Windsor Official Plan (OP) and zoned Park) Transportation Shipping (MD1.3) Transport in Zoning By-law 8600, which includes Terminal Transport Terminals as a permitted use. ICBL 78-2019 prohibits for a period of one year from the date of the passing of the By-law. At the time of the passing of By-law Transport Terminals 78-2019, the subject lands were vacant and as such, future uses are prohibited on the subject lands until the expiration of By-law 78-2019 on July 2, 2020.

The subject lands are in the process of being sold and the purchaser is seeking an Transport Terminal exemption from ICBL 78-2019 to allow for uses prior to the expiration of the By-law. The purchaser has received consent from the City of Windsor for a Long- Combination Vehicle (LCV) inbound route to the subject lands as destination terminal. With this consent, a formal LCV permit from the Ministry of Transportation (MTO) is expected shortly. LCV outbound consent is subject to the improvements to a former driveway entrance to the west.

Transport Terminal The purchaser requires use of the subject lands as a use as soon as possible to ensure there is no disruption to business operations. As such, we are requesting an exemption of the subject lands from By-law 78-2019 for the following land use considerations:

Lastly, we note for information purposes the subject lands are subject to consent application B-010/20 being herd by the Committee of Adjustment on March 5, 2020. The proposed consent complies with the provisions of Zoning By-law 8600. There are no  Transport Terminal Industrial use conforms to the designation in the OP and Manufacturing Districts 1 (Light Industrial / Business Park) Transportation Shipping (MD1.3) zone in By-law 8600. In fact, the MD1.3 zone is specifically intended to apply to transportation and shipping related uses.

apply to transportation and shipping related uses.  The subject lands are 14.76 ha in size, which is more than sufficient to Transport Terminal accommodate the permitted use. Furthermore, the subject lands are paved, gated and provide a safe and secure location for the storage of vehicles.

Commercial Centre The subject lands are bounded on three sides by and Commercial Corridor Transport Terminal land uses, which are compatible with the use. The subject lands are bounded by residential land uses to the west and are buffered by a large wooden screening fence and various vegetation. This condition has existed for many years, and to our understanding, without issue.  The subject lands are approximately 1.3 km from Provincial Highway 401, an ideal

The subject lands are approximately 1.3 km from Provincial Highway 401, an ideal location for a transportation and shipping related land uses. An LCV destination terminal must be within 2 km of a 400 series Provincial Highway.

terminal must be within 2 km of a 400 series Provincial Highway.  The land use considerations justifying the passing of the ICBL are not applicable Transport Terminal to the subject lands. is an outright permitted use; is in an appropriate location and of an appropriate size; and, and provides a safe and secure location to store vehicles. This is evident by the City of Windsor providing consent for an LCV inbound route to the subject lands as destination terminal.