The proposed condominium complies with the above conditions.

Official Plan:

The subject property is designated “Mixed Use -Very High” on Schedule "E" - City Centre of the City of Windsor Official Plan. The designation is intended to accommodate high density dwelling types that will contribute to the mix of housing forms, tenures and price levels in the area.

The City of Windsor has policies in the Official Plan for approval of a plan of condominium with exemption under Section 9 of the Condominium Act. Applications for exemptions may be considered by Council if:

  1. a residential building is constructed or a building permit for its construction has been issued;

  2. the development has received site plan control approval; and

  3. the development (new proposed units) do not contain any occupied residential rental units.

The proposed condominium complies with the above conditions.

Zoning By-Law

The property is currently zoned Commercial District (CD)3.1 under Zoning By-law 8600. The existing mixed use building on the property is permitted under the CD3.1 category. Building permits have been issued and construction has begun for the development.

Risk Analysis:

N/A

Financial Matters:

Consultations:

As a result of the previous circulation of an application for conversion to condominium tenure to various municipal departments and agencies/bodies for review and comment, no circulation was undertaken for this condominium approval application. Municipal and agency requirements have been addressed and implemented through the conversion to condominium tenure, and the registration of a final plan of condominium. (File CDM-007/09, registered as ECP-169 on June 16, 2016.)

Public Notice:

No public notification is required where exemptions are requested and the development is properly zoned for the permitted use. Nevertheless, notice was mailed to all property owners within 120 metres (400 feet) and notice was also given in the Windsor Star.