2. For lands comprising Part Lot 73, Concession 1 (Roll No. 040-170-05400), Part 1 of 12R-28391 a multiple dwelling shall be an additional permitted use and the following additional provisions shall apply:

1. A building without access to a paved street, municipal storm water outlet, municipal sanitary sewer, municipal electrical service, and municipal water service is permitted provided the required easement agreements are registered on the title of both the subject and abutting property to provide access and municipal services;

2. Notwithstanding Section 5.2.20.1 a maximum of 53 dwelling units shall have a minimum gross floor area of 31.0 m2;

3. Building height – maximum – 19.0 m;

4. Amenity area – per dwelling unit – minimum – 10.0 m2;

5. Required parking – multiple dwelling – minimum – 1.0 space per dwelling unit;

6. Required visitor parking spaces for a multiple dwelling – minimum - 0 spaces; and

7. Notwithstanding Section 24.26.1 required parking spaces may be located on a lot that abuts the dwelling units they are intended to serve.

[ZDM 3; ZNG/6070]”; and

• II. THAT Council DECLARE Section 45(1.3) of the Planning Act, which restricts a person from applying for a minor variance for a period of two years following a zoning by-law amendment does not apply to an application for lands described as Lot 73, Concession 1, (Roll No. 040-170-05400), known municipally as 1200-1220 University Avenue West; and,

• III. THAT the following matters BE ADDRESSED though Site Plan Control:

  1. The owner provide proposed excavation and shoring details related to the Construction of the proposed multiple dwelling to the Detroit River Tunnel Partnership (DRTP) for its review;

  2. That a warning clause be inserted in all offers to purchase, agreements of purchase and sale or lease and in the title deed or lease of each dwelling unit, warning prospective purchasers or tenants of the existence of the Detroit River Tunnel Partnership’s operating rail right-of-way; the possibility of alterations including the possibility that Detroit River Tunnel Partnership may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise