Request for Exemption from ICBL

McTague Law Firm LLP (Brian L. Chillman), on behalf of 2513821 Ontario Inc., is requesting (see Appendix B) to exempt property at 3490 Marentette Avenue from Interim Control By-law 78-2019 to allow the submission of an application for site plan approval to permit a proposed Repair Shop - Heavy and Transport Terminal development on the property.

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; and,

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

Likelihood of additional mitigation measures - This criteria 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.

Analysis of Evaluation Criteria

The subject parcel is designated Industrial on Schedule D: Land Use in the City of Windsor Official Plan. A Transport Terminal is consistent with the general policy direction, including permitted uses, locational criteria, evaluation criteria, and design guidelines, of the Industrial land use designation.

Relevant excerpts from Zoning By-law 8600 are attached as Appendix C. The proposed “transport truck repair garage” is a Repair Shop - Heavy and the proposed “transport storage area” is a Transport Terminal per the definitions in Zoning By-law 8600.

The parcel is zoned Manufacturing District 1.1 (MD1.1) which permits a range of light industrial uses and a limited range of commercial uses. MD1.1 does not permit a Transport Terminal as a main use. It is only permitted as an accessory use to a permitted main use. This distinction between main use and accessory use is an issue that the study will examine. The staff report (C 102/19) that recommended implementation of the Interim Control By-law stated that:

“The main purposes of doing the study is to ensure that Transport Terminal is appropriately permitted or prohibited, that the provisions for a Transport Terminal are consistent with the policy direction of the Official Plan, and that a Transport Terminal is not detrimental to surrounding existing and potential land uses.”