Discussion:

PLANNING ANALYSIS :

1. PLANNING ACT

In accordance with subsection 3(5) of the Planning Act, a decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board (now the Local Planning Appeals Tribunal), in respect of the exercise of any authority that affects a planning matter, “shall be consistent with” Provincial Policy Statement 2014.

2. PROVINCIAL POLICY STATEMENT (PPS) 2014

Provincial Policy Statement 2014 was issued under section 3 of the Planning Act and came into effect April 30, 2014. The PPS 2014 applies to all decisions in respect of the exercise of any authority that affects a planning matter made on or after April 30, 2014, including this application.

The Provincial Policy Statement provides direction on matters of provincial interest related to land use planning and development and sets the policy foundation for regulating the development and use of land in Ontario. The PPS points to the important role of land use planning in achieving strong healthy communities, a healthy environment and economic growth.

Policy 1.1.1 states that “Healthy, liveable and safe communities are sustained by:

  1. promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term;
  2. accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons),... and other uses to meet long-term needs;
  3. avoiding development and land use patterns which may cause environmental or public health and safety concerns;
  4. avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas;
  5. promoting cost-effective development patterns and standards to minimize land consumption and servicing costs;
  6. improving accessibility for persons with disabilities and older persons by identifying, preventing and removing land use barriers which restrict their full participation in society;
  7. ensuring that necessary infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities are or will be available to meet current and projected needs; and
  8. promoting development and land use patterns that conserve biodiversity and consider the impacts of a changing climate.”

The applicant’s planning consultant submitted a Planning Justification Report (PJR) dated October 2019 (Revised December 2019), which provides a planning analysis of the above policy statements and more.

The following planning analysis is provided in addition to the analysis contained in the PJR:

The subject zoning by-law amendment will facilitate an infill commercial redevelopment in close proximity to the Windsor Airport and surrounded by a mix of uses. The amendment will facilitate an efficient development with no adverse impact on the financial well-being of the City of Windsor. Potential health and safety concerns resulting from the proximity of the development to nearby railway, roads and airport, are addressed in the noise report prepared by Akoustik