Accessible
- 6.4.1.6 To locate employment activities in areas which have sufficient and convenient access to all modes of transportation.
Infrastructure
- 6.4.1.8 To ensure that adequate infrastructure services are provided to employment areas.
Visible Locations
- 6.4.1.10 To provide highly visible and attractive locations for business park development.
The above noted objectives of the OP are satisfied, or will be satisfied, by the proposed development on the subject land.
Section 6.4.4 of the OP provides a list of uses permitted within the Business Park land use designation. A hotel is permitted as an ancillary use in the Business Park land use designation provided the hotel meets all of the following criteria:
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they are located adjacent to a Controlled Access Highway, Class I or Class II Arterial Road or Class I Collector Road;
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they are located at, or near, the periphery of a Business Park;
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the proponent demonstrates to the satisfaction of the Municipality that any market impacts on other commercial areas is acceptable (see Procedures chapter); and
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the evaluation criteria established in policy 6.5.3.7.
Appendix B attached to this report provides excerpts from the OP. The locational criteria, s.6.4.4.3 of OP Vol. 1 and the evaluation criteria, s.6.4.4.4 and 6.5.3.7 of OP Vol. 1 can be found in Appendix B. This amendment satisfies all relevant criteria as detailed on pages 15, 16, 17 & 18 of the PJR (see attached Appendix E, excerpts from the PJR as revised Dec, 2019).
Section 7.2.8.8 states that “all proponents of a new development within 300 metres of a rail corridor, may be required to complete a noise study to support the proposal, and if the need for mitigation measures is determined by such study, shall identify and recommend appropriate mitigation measures, in accordance with the Procedures chapter of this Plan”.
Section 7.2.10.3 states that “Council shall ensure that new development in the vicinity of the Windsor Airport includes appropriate noise and vibration abatement measures in accordance with established off-airport land use planning practices.”
This amendment satisfies the aforementioned policies of the OP. Recommendation III (a) requires the implementation of the mitigation measures recommended in the Noise Report dated January 22, 2020, prepared by Akoustik Engineering Limited.
Section 7.3.2.3 of the OP stipulates that “Council shall require all new developments to have full municipal infrastructure available, or agreements in place to provide such infrastructure, as a condition of approving a development”. There is no sanitary sewer available for the new development; therefore, approval of the subject rezoning shall be conditional upon availability of municipal sanitary sewer or an agreement (such as Site Plan Control Agreement) to provide such infrastructure. Recommendation III (a) of this report satisfies the OP policy 7.3.2.3.
SECTION 11.6.3 OF OP VOL. 1 – ZONING BY-LAW AMENDMENT POLICIES
AMENDMENTS MUST CONFORM
- 11.6.3.1 All amendments to the Zoning By-law(s) shall conform with this Plan. The Municipality will, on each occasion of approval of a change to the zoning by-law(s), specify that conformity with the Official Plan is maintained or that the change will be in conformity upon the coming into