Request for Exemption from ICBL

McTague Law Firm LLP (Brian L. Chillman), on behalf of 2490395 Ontario Inc., submitted a request (see Appendix B) to exempt the property at 3690 Munich Court from Interim Control By-law 78-2019 to allow the processing of a site plan control application to permit a Transport Terminal development on the property.

Discussion:

All exemption requests will be evaluated against the following criteria:

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,

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.

Analysis of Evaluation Criteria

The subject parcel is designated Industrial on Schedule D: Land Use in the City of Windsor Official Plan. A Transport Terminal is consistent with the general policy direction, including permitted uses, locational criteria, evaluation criteria, and design guidelines, of the Industrial land use designation.

Relevant excerpts from Zoning By-law 8600 are attached as Appendix C. The parcel is zoned Manufacturing District 2.4 (MD2.4), a zoning category unique to the Twin Oaks area. This zoning district permits a range of industrial uses, including a Transport Terminal as a main use. A zoning by-law amendment is not required.

A Transport Terminal development on the parcel is subject to site plan control.

The proposed Transport Terminal is consistent with the Official Plan and Zoning By-law 8600.

The parcel is located within a business and industrial park that has roads designed and constructed to handle heavy truck traffic. Lauzon Parkway provides access to EC Row Expressway, Tecumseh Road and to Highway 401 via various arterial roads. Paving of the site will mitigate the tracking of dirt, dust and mud onto municipal streets.

The proposed Transport Terminal will have minimal impact on surrounding infrastructure.