The subject lands are located within a settlement area - the City of Windsor, and this amendment creates opportunity for growth and development within the settlement area. This amendment promotes a land use that will make efficient use of land, resources and existing infrastructure. There are existing and planned active transportation options (such as sidewalks and bike lanes) and transit services adjacent to, or near the subject land. Taking into account existing building stock and area, the existing municipal services and utilities, the conclusions and recommendations of the Transportation Impact Study and Noise Study submitted for this amendment, it is factual to state that the subject land represents an appropriate location for intensification. The subject amendment is consistent with policies 1.1.3.1. 1.1.3.2 and 1.1.3.3 of the PPS.
1.2.2 Planning authorities shall engage with Indigenous communities and coo rdinate on land use planning matters.
The indigenous communities have been contacted by the Planning Department to initiate discussions on this zoning amendment. No response or comments have been received to date. The Planning Authority (The Corporation of The City of Windsor) has, in principle, satisfied the requirement to engage and coordinate; therefore, it makes sense to deem this amendment to be consistent with policy 1.2.2 of the PPS.
1.2.6 Land Use Compatibility
1.2.6.1 Major facilities and sensitive land uses shall b e planned and developed to avoid, or if avoidance is not possib le, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial guidelines, standards and procedures.
1.2.6.2 Where avoidance is not possib le in accordance with policy 1.2.6.1, planning authorities shall protect the long-term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment b y ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted if the following are demonstrated in accordance with provincial guidelines, standards and procedures:
- there is an identified need for the proposed use;
- alternative locations for the proposed use have b een evaluated and there are no reasonab le alternative locations;
- adverse effects to the proposed sensitive land use are minimized and mitigated; and
- potential impacts to industrial, manufacturing or other uses are minimized and mitigated.
The proposed residential development is a sensitive land use that could be potentially adversely impacted by odour, noise and other contaminants from the nearby industrial uses on the south and southwest of the subject land. However, the revised Noise Assessment prepared by Akoustik Engineering Limited, dated September 21, 2020, identified several potential sources of stationary noise located to the south and southwest of the subject lands and concludes that “the identified industrial lands do not have an adverse impact on the proposed development”. The acoustic report assessed the environmental noise impacts from nearby road traffic and recommends warning clauses and provision for the installation of central air conditioning in all east apartment building units. The acoustic report also shows that the noise impact on the proposed development is within the guideline limits set by the Ontario Ministry of the Environment, Conservation and Parks, and recommends the development be given approval with the understanding that the stated warning clauses be included for the required lots.
The revised Addendum prepared by Pillon Abbs Inc., dated September 21, 2020, analysed PPS Policies 1.2.6.1 & 1.2.6.2 and concludes that “no adverse effects to the proposed land use are anticipated ” and “ no impacts to abutting lands are anticipated”.
1.4 Housing
1.4.1 To provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area, planning authorities shall: