DISCUSSION:

On March 7, 2016, City Council adopted decision number CR157/2016 accepting the Planning Committee (then known as PHEDSC) recommendation as presented. The recommendation approved the draft plan of condominium with a requirement that the final plan of Condominium would need to be registered before March 7, 2019.

Following the draft plan approval, Deauville Apartments Inc., entered into an Agreement with the Corporation of the City of Windsor for the subject Condominium conversion and the Agreement was registered as Instrument Number CE808475 on December 13, 2017. The agreement addressed all the improvements to the building that were required as a condition of approval by administrative departments and agencies.

Administration is able to confirm that all clearances for required improvements to the building and site have been completed to the satisfaction of the appropriate Departments.

On July 15, 2019, the applicant’s solicitors met with City staff to discuss the draft plan. The applicant has since formally requested that the final plan of condominium be allowed to be registered.

The provisions of the Planning Act allow the approval authority (i.e. City Council) to establish the length of time before a draft plan of subdivision or condominium can run. Furthermore, the Act does not limit the length of time that a draft plan can run. CR157/2016 specified a three-year period but this has proved to be insufficient for this particular application. Council has previously allowed for draft plans to be finalized within a five year period in some developments.

Neither the Provincial Policy Statement nor the City’s Official Plan provide any strict measure as to the length of time that City Council can allow a draft plan of subdivision or condominium to run.

Risk Analysis:

N/A

Financial Matters:

N/A

Consultations:

Planning and Legal Departments