As per Section 24.30.20 Location of Bicycle Parking Space, all bicycle parking spaces shall be located on the same lot as the use they are intended to use, a minimum 2 metres from a building entrance, and on a paved surface.

As per Planning Justification Report (see Appendix I) submitted with the application states that the building was constructed prior to the passing of the Comprehensive Zoning By-law 8600 and has existed with no on site parking and only on street parking for the commercial main floor units.

The amendment will allow for a type of flexible zoning where the first floor dwelling units are permitted as an additional permitted use. This amendment will provide the flexibility to convert the ground floor commercial use to residential at a point in time where traditional retail is struggling. However, the proposed zoning permits the owner the ability to convert the first floor residential units back to a commercial use if demand for neighbourhood retail changes in the future.

These proposed changes to the Zoning Bylaw are similar with the site specific provisions at 1201 University Ave (abutting building to the east) as approved by City Council with CR 670/2019.

Planning Staff in consultation with Engineering and Legal Departments recommend that a hold prefix be applied to the site. This holding symbol will be removed when conditions shown below under Section 6 “Issues to be solved” have been met.

Considering the existing site conditions, my professional opinion is that the proposed dwelling units on the main floor are an appropriate re-use of a vacant commercial space.

5. SITE PLAN

The proposed amendments do not result in a “development” as defined in Section 41 (1) of the Planning Act and also defined in the City of Windsor Site Plan Control By-law 1-2004. The applicant stated that he does not intend to change the facade. Therefore, the applicant is not required to submit an application for Site Plan Approval.

6. ISSUES TO BE RESOLVED

Encroachment Agreement – The owner agrees to submit application for and execute an agreement with the Corporation for the proposed encroachments into the right-of-way (i.e. private drain connection) to the satisfaction of the City Engineer.

Existing Sewers and Connections - The owner further agrees, at its entire expense and to the satisfaction of the City Engineer: