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. Administration is currently studying 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;

Request for Exemption from ICBL

Zelinka Priamo Ltd (Jared Dykstra, Senior Planner), on behalf of SBDRE (Windsor) Holdings Company Ltd. and C.A.T. Inc., submitted a request to exempt the property at 1790 Provincial Road from Interim Control By-law 78-2019 to allow a previously submitted site plan control application for a potential Transport Terminal development on the property to be processed (Letters attached as Appendix B & C).

The letter from Zelinka Priamo includes an application for a Long Combination Vehicle (LCV) Origin/Destination Location - Road Authority Consent from the Ministry of Transportation (MTO). C.A.T. seeks to drives Long Combination Vehicles - a tractor pulling two full-length semi trailers - to the subject parcel, unload goods onto regular tractor trailers or smaller trucks for distribution. The City of Windsor has signed off on the Road Authority Consent. There are strict restrictions on the operation of an LCV.

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,

Likelihood of additional mitigation measures - This criterion considers compatibility with surrounding uses. The Transport Terminal Study may recommend that additional mitigation measures be undertaken in order to permit a Transport Terminal on the property. Approval of the exemption request may prejudice the Study.