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;

Amending By-law 55-2020, approved by Council on April 27, 2020, extended Interim Control By-law 78-2019 by one additional year. ICBL 78-2019 will expire on June 2, 2021 or earlier if repealed by Council.

Request for Exemption from ICBL

Titanium Trucking Services Inc. (Jeff Libby) indicates that they have been leasing the parcel since mid-2019 and have been parking trailers on the paved portion of the parcel. All other operations, including the parking of tractors (trucks) occur across the street to the west at the main terminal at 3315 Devon Drive.

The applicant is requested to exempt the property at 0 Devon Drive from Interim Control By-law 78-2019 to allow the applicant to apply for an amendment to Zoning By-law 8600 to permit a Transport Terminal as an additional permitted main use on the subject parcel. The applicant has provided further details and rationale in their request attached as Appendix B.

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 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.