Official Plan:

The subject property is located within the Riverside Planning District and is designated Mixed Use on Schedule D: Land Use of the City of Windsor Official Plan. Relevant excerpts from the Official Plan are attached as Appendix C.

Under Section 6, Volume I of the Official Plan, Objective 6.9.1.1 encourages multi-functional areas which integrate compatible commercial, institutional, open space and residential uses. Objective 6.9.1.2 encourages a compact form of mixed use development. Objective 6.9.1.5 seeks to ensure the long term viability of Mixed Use areas. The proposed Multiple Dwelling represents a compact, functional, and compatible use for an underutilized property that improves the viability of the area. The requested zoning amendment satisfies the objectives set out in Section 6.9.1 of OP.

Section 6.9.2.1 states that uses permitted in the Mixed Use designation are retail and service commercial establishments, offices, cultural, recreation and entertainment uses, and institutional, open space and residential uses, exclusive of small scale Low Profile residential development. The Multiple Dwelling is a residential use and is compatible with existing commercial and residential uses along Wyandotte Street. No deficiencies in municipal physical services and emergency services have been identified (Section 6.9.2.4(c)). The proposed development provides adequate parking (Section 6.9.2.4(d)). The requested zoning amendment conforms to the policies set out in Sections 6.9.2.1 and 6.9.2.4 of the Official Plan.

The requested zoning amendment conforms to the Zoning Amendment Policies, Section 11.6.3.1 and 11.6.3.3, of the Official Plan. The proposed zoning change conforms to the Official Plan.

Zoning By-Law:

Relevant excerpts from Zoning By-law 8600 are attached as Appendix D. The applicant is requesting an amendment to allow a multiple dwelling as an additional permitted use. The applicant indicated that they want to keep the existing CD2.1 zoning to give them flexibility in their development plans. Recommendation 1 adds a site specific exception for the parcel to allow the uses permitted in the RD3.2 zoning as additional permitted uses and makes those additional uses subject to the provisions (Section 12.2.5) of the RD3.2 zoning district. Essentially this part of the property can be developed as commercial per CD2.1 or as residential per RD3.2.

The applicant submitted a conceptual site plan and the proposed development complies with the minimum lot frontage, minimum lot area, maximum lot coverage, maximum main building height, and dwelling unit density provisions of RD3.2. The proposed parking area separation from Wyandotte Street is shown as 2.9 m which does not comply with the 3.0 m required by Section 25.5.20.1.2. The aisle has a width of 6.1 m which exceeds the minimum aisle width of 6.0 m. Reducing the aisle width by 0.1 m and adding it to the parking area separation brings the development into compliance.