Site Information:

OFFICIAL PLAN	ZONING	CURRENT USE	PREVIOUS USE
Core ResidentialArea A (EastRiverside PlanningArea)	Residential District 3.3(RD3.3) S.20(1)96	Multiple Dwelling Building(under construction)	Vacant
LOT WIDTH	LOT DEPTH	AREA	SHAPE
200.57m	67.07m	1.38 ha	rectangular
All measurements are for the entire parcel and are approximate.

Neighbourhood Characteristics:

The surrounding area is predominantly residential consisting of townhomes and single unit dwellings. Abutting lands to the west and north of the subject site are owned by the City and are designated in the Official Plan as “Open Space”. These same lands contain a series of recreational paths which connect to a large community-wide network.

Banwell Road is a major north-south road and is designated a Class II Arterial Road. It has a four-lane cross section with a median. Sidewalks are located on both sides of Banwell Road and on the south side of Firgrove Drive. A multi use trail is located on the north side of Firgrove. Firgrove Drive is designated a Class II Collector Road.

Transit Windsor operates the Lauzon 10 bus route near the site. Service runs on McHugh Street approximately 490m from the subject lands and on Little River Boulevard approximately 290m from the site.

Discussion:

Planning Analysis:

Statutory Regulations:

Under Section 9 of The Condominium Act, an owner may request approval of a plan of condominium subject to Section 51 of The Planning Act (subdivisions). As such, the usual approval process for plans of subdivision is invoked, i.e. review by municipal and provincial agencies, public notification, draft plan approval, a condominium agreement and final registration.

The Condominium Act also provides that owners can be exempted from the above mentioned Planning Act provision if the approval authority (i.e. the City of Windsor) is of the opinion that "such exemption is appropriate in the circumstances". The reasons for