Zoning Amendment Evaluation Criteria s.11.6.3.3 of the OP:
Support studies were submitted as part of this application and the recommendations found in those studies are incorporated in this report. The requirements, comments and recommendations from municipal departments and circularized agencies have been considered, as noted in the consultation section of this report. This amendment promotes opportunity for residential intensification and infill, which creates a compact form of neighbourhood and ensures continuation of an orderly development pattern in the subject area. The subject zoning by-law amendment is consistent with the relevant policies of the PPS and conforms with the applicable objectives and policies of OP Vol. 1.The zoning by-law amendment will provide additional housing options and opportunities in the area. According to the applicant’s planner, no impacts are anticipated on the nearby industrial and manufacturing properties. This amendment meets the evaluation criteria set out in s.11.6.3.3 of the OP.
Based on the analysis provided in this report, this zoning by-law amendment maintains conformity with the Official Plan, as required in s.11.6.3.1 of the OP.
3. ZONING
The subject land is zoned Manufacturing District 1.2 (MD1.2) in the City of Windsor Zoning By-law 8600. Special zoning provision S.20(1)97 applies to the subject land and other lands within the immediate area. The requested new zoning category is Residential District 3.2 (RD3.2) in the City of Windsor Zoning By-law 8600. Appendix C, attached to this report, contains relevant Excerpts from Zoning By-law 8600.
Permitted uses in the RD3.2 zoning category are Lodging House, Multiple Dwelling, Religious Residence, Residential Care Facility; any of the following existing dwellings: Double Duplex Dwelling, Duplex Dwelling, Semi-Detached Dwelling, Single Unit Dwelling; and any use accessory to any of the preceding uses.
The applicant requested an amendment from MD1.2 to RD3.2, but with no mention of the required compliance with S. 20(1)97. The zoning provisions under S.20(1)97 are as follows:
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minimum front yard depth – 9m
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minimum side yard – 9m for exterior side yard and 6m for interior side yard
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minimum rear yard depth – 6m
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Maximum building – 14.5m for buildings and structures within 150m of a residential district
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Minimum building setback from Lauzon Parkway – 70m
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Access area may cross a landscaped open space yard
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Off-street loading or truck storage - Not permitted in any yard abutting Lauzon Parkway
The RD3.2 regulates lot frontage, lot area, lot coverage, building height, landscape open space and density, but does not regulate any of the above special provisions, except building height. Therefore, Planning Staff recommend keeping S.20(1)97(i) to (iii) & (v) to (vii) provisions on the subject land, and excluding (iv) – building height. Although S.20(1)97 (v) and (vii) will not apply to any development on the subject land due to its location, there is no concern in keeping those two provisions.
Addendum to the ZBA Application, dated June 1, 2020 and revised September 21, 2020, was prepared by Pillon Abbs Inc., Land Use Consultant. The report provides Zoning Analysis for the subject amendment and concludes that the proposed development on the subject land will comply with all zoning provisions set out in the RD3.2 zoning.
A review of the S.20(1)97 provisions is required, but was not provided by the planning consultant; however, compliance is required in order to receive a building permit. No minor