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 “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.

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;

Amending By-law 55-2020, approved by Council on April 27, 2020, extended Interim Control By-law 78-2019 by one additional year. ICBL 78-2019 will expire on June 2, 2021 or earlier if repealed by Council.

Request for Exemption from ICBL

D.C. McCloskey Engineering Ltd. (Mark E. McCloskey), on behalf of the property owner, Airport Business Park Inc, submitted a request (see Appendix B) for exemption from Interim Control By-law 78-2019 to allow the processing of a site plan control application (which was submitted concurrently) to allow the construction of a Transport Terminal on the subject parcel. A draft site plan is attached as Appendix C and an Acoustical Assessment Report is attached as Appendix D.

Discussion:

All exemption requests will be evaluated against the following criteria:

Consistency with the Official Plan and Zoning By-law - The underlying Official Plan designation and zoning district will be considered. Specifically, whether the Transport Terminal is consistent with the Official Plan designation and is permitted as a main use by the zoning district;

Impact on surrounding infrastructure - What the impact may be on surrounding infrastructure, mainly roads, including potential wear and tear, as well as how the impact on the safety and functionality of the surrounding road network;

Proximity to sensitive land uses - The distance to the closest sensitive use will be considered; and,