Background:
Timeline
| 2018 November 19 | Council approves Housekeeping Amendment 2017-3 which adds Transport Terminal definition and provisions to Zoning By-laws |
| 2019 March 15 | Building Division issues an Order to Comply (File 19-192522) |
| 2019 March 27 | Building Division conducts city wide Transport Terminal enforcement blitz |
| 2019 April 17 | Planning Division receives a Pre-Submission Application (PS-020/19) from Titanium Trucking Services Inc regarding proposed rezoning to permit a Transport Terminal. |
| 2019 May 14 | Planning Division sends Pre-Submission Letter to Titanium Trucking Services Inc. |
| 2019 June 3 | Council approves Interim Control By-law 78-2019 (ICBL) |
| 2019 June | Titanium Trucking Services Inc. applies to amend Zoning By-law 8600 to permit a Transport Terminal. This application is on hold pending the outcome of the request for an exemption |
| 2020 July 2 | Titanium Trucking Services Inc. submits a request for an exemption from the ICBL |
Enforcement
An Order to Comply was issued on March 15, 2019. The order is in abeyance pending Council’s consideration of this exemption request, and rezoning 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 the Site Plan Control By-law.
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 challenges, 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.