The agent raises a valid point in terms of separation from nearby residential uses, in that there is an intervening vacant parcel of land that is designated and zoned for industrial uses and will be developed for an industrial type use.
However, the zoning on the subject parcel – MD1.1 – does not permit a Transport Terminal as a main use. The applicant is proposing that the Transport Terminal will be an accessory use to a Heavy Repair – Garage. Staff do not concur with the position that the Transport Terminal is an accessory use. It is not a use that is “customarily incidental, subordinate and exclusively devoted to the main use”.
The 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.”
The Planning Division original positions remains the same. The request for exemption should be denied due to a Transport Terminal not being permitted as a main use in the MD1.1 zoning district, due to the proximity of a sensitive land use, and due to the likelihood that additional mitigation measures may be necessary.
Council may deny or approve the application. To assist DHSC and Council, possible motions are provided below:
DENY - Option A - If Council chooses to DENY the exemption, the motion shall read as:
“That the request by McTague Law Firm on behalf of 2513821 Ontario Inc. for an exemption from the provisions of Interim Control By-law 78-2019 for property at 3490 Marentette Avenue BE DENIED.”
APPROVE - Option B - If Council chooses to APPROVE the exemption, the motion shall read as:
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“That the request by McTague Law Firm on behalf of 2513821 Ontario Inc. for an exemption from the provisions of Interim Control By-law 78-2019 for property at 3490 Marentette Avenue BE APPROVED.
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That Council AMEND By-law 78-2019 by adding to Section 6 the following:
“d) 3490 Marentette Avenue – Northeast corner of Marentette Avenue and Kamloops Street
Part Lots 89 and 90, Concession 3, Sandwich East, described as Part 1, Plan 12R-19349; PIN 01561-4884; Roll No. 070-170-00900”