Principals of 1352192 Ontario Ltd.

Kenneth Gascoigne, President

Timeline

2018 November 19 Council approves Housekeeping Amendment 2017-3 which adds Transport Terminal definition and provisions to Zoning By-laws

2019 March 27 Building Division conducts citywide Transport Terminal enforcement blitz

2019 April 1 Building Division issues an Order to Comply 19-192143

2019 May 3 Building Divisions confirms that the Applicant is in compliance

2019 June 13 Council approves Interim Control By-law 78-2019 (ICBL)

2020 January 17 Agent submits a request for an exemption from the ICBL

Enforcement

The Building Division conducted a citywide enforcement blitz on March 27, 2019 that identified 26 parcels, including the subject parcel, with Transport Terminals that violated the Zoning By-law or lacked site plan approval pursuant to Site Plan Control By-law 1-2004. Order to Comply 19-192143 was issued to the property owner on April 1, 2019. The Applicant removed the Transport Terminal use and on May 3, 2019, the Building Division confirmed that the parcel was in compliance with Zoning By-law 8600. No additional Order to Comply or court charges have been filed to-date.

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 in effect “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 various zones in the City of Windsor. This will allow Administration to study the extent of the problem, 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. That study is currently underway.

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;