In summary, the above planning analysis demonstrates that the subject zoning by-law amendment is consistent with the relevant Policies of PPS 2020.
2. OFFICIAL PLAN (OP)
The site is designated “Mixed Use” in the Land Use Schedule D of City of Windsor Official Plan. Relevant excerpts from the Official Plan are attached as Appendix B.
Uses permitted in the Mixed Use land use designation include retail and service commercial establishments, offices, cultural, recreation and entertainment uses, and institutional, open space and residential uses, exclusive of small scale Low Profile residential development (section 6.9.2.1). The proposed residential use on the subject land is a large scale Low Profile Residential development containing three 5-storey multiple dwellings with 187 dwelling units.
Section 6.9.2.2 provides two forms of Mixed Use Areas and, based on the policy therein, the proposed development is considered to be in an area classified as Mixed Use Center. “Mixed Use Centres which are large sites developed according to a comprehensive development plan or nodal developments at the intersection of Controlled Access Highways and/or Arterial roads. This type of Mixed Use development provides a regional, community or neighbourhood focal point with a pedestrian oriented design.”
Section 6.9.2.3 states that Mixed Use development shall be located where:
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There is access to a Controlled Access Highway, Class I or II Arterial Roads or Class I Collector;
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Full Municipal physical services can be provided;
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Public transportation service can be provided; and
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The surrounding development pattern is compatible with Mixed Use development.
The proposed Mixed Use development is located where there is access to a Class I Arterial Road (Lauzon Parkway) through Hawthorne Drive or Enterprise Way. Full municipal services are available and matters such as storm and sanitary sewer capacity will be further reviewed during site plan control process. Public transportation service is available, or planned for, as noted already in this report and in the comment provided by Transit Windsor. The surrounding development pattern is compatible with Mixed Use development and, where compatibility is a potential concern, mitigation measures can be further reviewed and incorporated in the site plan approval and agreement.
Section 6.9.2.4 lists criteria to be used in evaluating a mixed use development and requires the proponent to demonstrate, to the satisfaction of the municipality, that a proposed mixed use development satisfies the evaluation criteria. Addendum to the ZBA Application, dated June 1, 2020, was prepared by Pillon Abbs Inc., Land Use Consultant and revised September 21, 2020. The revised addendum analysed section 6.9.2.4, the Mixed Use Evaluation Criteria, of OP Volume 1, and demonstrates that the proposed Mixed Use development (Residential Apartments) meets the evaluation criteria set out in section 6.9.2.4 of the OP.
The Planning Department is satisfied with the consultant`s analysis of section 6.9.2.4 of the OP Vol. 1.
Section 6.9.2.5 lists design guidelines for evaluating a proposed mixed use development. Site Plan Control is a more appropriate tool to use when considering/implementing those guidelines.
Following Council`s approval of this amendment, the next step is for the proponent to submit an application for site plan approval, which will ensure that the proposed development is in keeping with the Official Plan built form policy for infill developments as in section 8.7.2.3, OP Vol. 1.