variance application will be processed for any development on the subject land within 2 years of approval of this amendment. For this reason, a site specific provision is recommended in this report to address maximum height provision, s.20(1)97 (iv).
The proposed 182 residential units will require parking at the rate of 1.25 parking spaces per unit; total required parking is 228 spaces. Proposed parking is 267 spaces.
A draft by-law is attached as Appendix G.
A Residential Interim Control By-law 103/2020 (RICBL) came into effect in the City of Windsor on July 13, 2020. RICBL applies to development proposals with 5 or more dwelling units. This zoning by-law amendment application was deemed complete on May 13, 2020, two months before the interim control by-law came into effect. There are currently no criteria when reviewing a request for an exemption. However, the proposed development will not impact the outcome of the related land use study. As such, an exemption from B/L 103/2020 is recommended.
4. SITE PLAN
The proposed amendment is a “development” as defined in section 41(1) of the Planning Act; therefore, the applicant is required to submit an application for Site Plan Approval.
It should be noted that the Noise Assessment Report requires that any necessary warning clauses be implemented in all development agreements, offers to Purchase, and agreements of Purchase or Sale or Lease.
The mitigation measures identified in the Noise Report, the Transportation Impact Study recommendation, and the various requirements of municipal departments and external agencies (particularly, those requirements noted below) are best incorporated in the site plan review and approval process.
Below are specific requirements from municipal departments and external agencies for consideration at the time of Site Plan Approval for the subject development:
Engineering Requirements: The applicant is required to enter into a Site Plan Agreement with the City of Windsor for all requirements under the General Provisions of the Site Plan Control Agreement for the Engineering Department.
Site Servicing Plans – The owner agrees to submit a site servicing plan for the subject lands to the satisfaction of the Chief Building Official, the City Engineer, and ERCA in regulated areas, prior to the issuance of any construction permits for the subject lands.
Servicing Study – The owner agrees, at its own expense, to retain a Consulting Engineer to provide a detailed servicing study report on the impact of the increased flow to the existing municipal sewer system, satisfactory in content to the City Engineer and prior to the issuance of a construction permit. The study shall review the proposed impact and recommend mitigating measures and implementation of those measures. The Study is required to be finalized to the satisfaction of the City Engineer prior to the issuance of construction permits.
Corner Cut-Off – The owner(s) agrees, prior to the issuance of a construction permit, to gratuitously convey a 4.6 m x 4.6 m (15’ x 15’) corner cut-off at the intersection of Hawthorne Drive and Enterprise Way in accordance with City of Windsor Standard Drawing AS-230.