Principals of 2498655 Ontario Inc.
Nagavenkata Srinivas Gundabathula, Hardershan Kaur Brar and Preetinder Singh Brar
Timeline
| 2017 August 5 | Receipt of Site Plan Control application (SPC-017/17) |
| 2018 November 7 | Building Division issues an Order to Comply (File 18-163189) |
| 2018 November 19 | Council approves Housekeeping Amendment 2017-3 which adds Transport Terminal definition and provisions to Zoning By-laws |
| 2019 January 31 | Building Division files charges in Provincial Court (File 19-3014) |
| 2019 March 27 | Building Division conducts citywide Transport Terminal enforcement blitz |
| 2019 June 13 | Council approves Interim Control By-law 78-2019 (ICBL) |
| 2019 November 7 | Agent submits a request for an exemption from the ICBL |
Enforcement
An Order to Comply was issued on November 7, 2018 and charges for failing to comply with that order were filed January 31, 2019. The charges are in abeyance pending Council’s consideration of this exemption request and site plan approval. The Building Division conducted a citywide enforcement blitz on March 27, 2019 that identified 26 parcels, including the subject parcel, with Transport Terminals that violated the Zoning By-law or lacked site plan approval pursuant to Site Plan Control By-law 1-2004.
Interim Control By-law 78-2019
Section 38(1) of the Planning Act permits a municipality to pass an interim control by-law (ICBL) that prohibits the use of land, buildings or structures for such purposes as set out in the by-law. This in effect “freezes” development on the lands (as described by the by-law) for a period not to exceed one year. An ICBL is an important planning tool that allows the municipality to rethink its current land use policies by suspending development that may end up conflicting with any new policy that may be developed.
On June 3, 2019, Council approved Interim Control By-law 78-2019 (see Appendix A) 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. That study is currently underway.
Council Resolution 291/2019, which approved Interim Control By-law 78-2019, states:
That Council MAY REVIEW, on a case-by-case basis, any requested amendments to the Interim Control By-law where there is a determination that the creation of a new Transport Terminal would not conflict with the general purpose and intent of the Interim Control By-law;