provisions that aim to balance the needs of Transport Terminal and shipping business owners, truck operators, and surrounding businesses and residents. That study is currently underway.

Council Resolution 291/2019, which approved Interim Control By-law 78-2019, states:

That Council MAY REVIEW, on a case-by-case basis, any requested amendments to the Interim Control By-law where there is a determination that the creation of a new Transport Terminal would not conflict with the general purpose and intent of the Interim Control By-law;

Request for Exemption from ICBL

Dillon Consulting Inc. (Melanie Muir) on behalf of 4207785 Canada Inc. submitted a request to exempt the property at 2650 Metcalfe Street from Interim Control By-law 78-2019 to allow a previously submitted site plan control application for a potential Transport Terminal development on the property to be processed (Appendix B & C).

Discussion:

All exemption requests will be evaluated against the following criteria:

Consistency with the Official Plan and Zoning By-law - The underlying Official Plan designation and zoning district will be considered. Specifically, whether the Transport Terminal is consistent with the Official Plan designation and is permitted as a main use by the zoning district;

Impact on surrounding infrastructure - What the impact may be on surrounding infrastructure, mainly roads, including potential wear and tear, as well as how the impact on the safety and functionality of the surrounding road network;

Proximity to sensitive land uses - The distance to the closest sensitive use will be considered; and,

Likelihood of additional mitigation measures - This criterion considers compatibility with surrounding uses. The Transport Terminal Study may recommend that additional mitigation measures be undertaken in order to permit a Transport Terminal on the property. Approval of the exemption request may prejudice the Study.

Analysis of Evaluation Criteria

The subject parcel is designated Industrial on Schedule D: Land Use in the City of Windsor Official Plan. A Transport Terminal is consistent with the general policy direction, including permitted uses, locational criteria, evaluation criteria, and design guidelines, of the Industrial land use designation.

Relevant excerpts from Zoning By-law 8600 are attached as Appendix E. The parcel is zoned Manufacturing District 2.1 (MD2.1) in Zoning By-law 8600, a zoning category that permits a limited range of industrial uses and some commercial uses, including a transport terminal as a main use. A rezoning is not required. A Transport Terminal development on the parcel is subject to site plan control.