June 26, 2020

Mayor and Members of Council
City of Windsor
PO. Box 1607
Windsor, ON N9A 6S1

Dear Mayor & Members of Council:

RE:  interim Control By-Law 78-2019 Exemption Request
1790 Provincial Road Windsor, ON
SBDRE (Windsor) Holdings Company Ltd.
OUR FILE: SBDNVIN/19-O1

We are writing on behalf of SBDRE (VWndsor) Holding Company Ltd., owners of 1790 Provincial Road.

The subject lands are located on the north side of Provincial Road, west of Walker Road in the City of Windsor. The subject lands are approximately 14.76 ha in size, are irregularly shaped, and have a frontage of 289.3m along Provincial Road.

In February 2020, we made submissions to the Planning Department on behalf of our client seeking staff and Council consideration of a possible exemption to Interim Control By-Iaw 78-2019 so as to permit the establishment of a transport terminal on the subject lands. In our submission, we laid out the reasons why such an exemption could be provided while maintaining the integrity of the review exercise associated with the Interim Control By-Iaw. Indeed, we agreed to a notable buffer area abutting a nearby residential area even though past similar uses on the site utilized the lands subject to the buffer. We are not aware of any significant complaint history and as noted in the recent staff report considering this request, the previous loading compound use predated the adjoining residential uses.

As noted above, in response to our request, Planning staff undertook a review and provided a report (852/2020) to the Development and Heritage Standing Committee. The report concluded that with careful consideration of the location of the use including a 100m buffer, the establishment of a transport terminal on this very large site could be considered by way of an exemption.

The staff report was brought to the Development and Heritage Standing Committee in April 2020. The Committee considered our client’s request and the analysis provided by staff, and recommended approval for Option B which would have allowed for an exemption including a 100m buffer to be employed pending the completion of the Interim Control By- law Study. We were in concurrence with this recommendation and committed to future engagement in the broader study to further explore the appropriateness of the use of the temporary buffer area for the proposed use.