EXEMPTION REQUEST

1790 Provincial Road is designated Industrial on Schedule D – Land Use in the City of Windsor Official Plan (OP) and zoned Manufacturing Districts 1 (Light Industrial / Business Park) Transportation Shipping (MD1.3) in Zoning By-law 8600, which includes Transport Terminal as a permitted use. ICBL 78-2019 prohibits Transport Terminals for a period of one year from the date of the passing of the By-law. At the time of the passing of By-law 78-2019, the subject lands were vacant and as such, future Transport Terminals uses are prohibited on the subject lands until the expiration of By-law 78-2019 on July 2, 2020.

The subject lands are in the process of being sold and the purchaser is seeking an exemption from ICBL 78-2019 to allow for Transport Terminal uses prior to the expiration of the By-law. The purchaser has received consent from the City of Windsor for a Long-Combination Vehicle (LCV) inbound route to the subject lands as destination terminal.

With this consent, a formal LCV permit from the Ministry of Transportation (MTO) is expected shortly. LCV outbound consent is subject to the improvements to a former driveway entrance to the west.

The purchaser requires use of the subject lands as a Transport Terminal use as soon as possible to ensure there is no disruption to business operations. As such, we are requesting an exemption of the subject lands from By-law 78-2019 for the following land use considerations:

• Transport Terminal use conforms to the Industrial designation in the OP and Manufacturing Districts 1 (Light Industrial / Business Park) Transportation Shipping (MD1.3) zone in By-law 8600. In fact, the MD1.3 zone is specifically intended to apply to transportation and shipping related uses.

• The subject lands are 14.76 ha in size, which is more than sufficient to accommodate the permitted Transport Terminal use. Furthermore, the subject lands are paved, gated and provide a safe and secure location for the storage of vehicles.

• The subject lands are bounded on three sides by Commercial Centre and Commercial Corridor land uses, which are compatible with the Transport Terminal use. The subject lands are bounded by residential land uses to the west and are buffered by a large wooden screening fence and various vegetation. This condition has existed for many years, and to our understanding, without issue.

• The subject lands are approximately 1.3 km from Provincial Highway 401, an ideal location for a transportation and shipping related land uses. An LCV destination terminal must be within 2 km of a 400 series Provincial Highway.

• The land use considerations justifying the passing of the ICBL are not applicable to the subject lands. Transport Terminal is an outright permitted use; is in an appropriate location and of an appropriate size; and, and provides a safe and secure location to store vehicles. This is evident by the City of Windsor providing consent for an LCV inbound route to the subject lands as destination terminal.

Lastly, we note for information purposes the subject lands are subject to consent application B-010/20 being herd by the Committee of Adjustment on March 5, 2020. The proposed consent complies with the provisions of Zoning By-law 8600. There are no