Ontario Municipal Board

Commission des affaires municipales de l’Ontario

1068560 Ontario Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 8600 of the City of Windsor to rezone lands composed of Part of Lot 12, Concession 5, North East corner of Talbot Road in the City of Windsor from RD1.4 to CD1.1 to permit the development of a neighbourhood commercial plaza O.M.B. File No. Z050118

A P P E A R A N C E S : 

Parties                                               Counsel

1068560 Ontario Inc.                                     M. Arpino
City of Windsor                                            W. Vendrasco

DECISION DELIVERED BY M. C. DENHEZ AND ORDER OF THE BOARD

INTRODUCTION

Part way through this hearing, 1068560 Ontario Inc. (the Applicant) significantly modified its rezoning proposal, to meet concerns expressed by the City of Windsor (the City) and various neighbours. The experts from both sides then reached apparent consensus on the appropriateness of a new Zoning By-law, reproduced at “Schedule 1” of this Order.

The Board has carefully considered all the evidence, as well as the submissions of counsel. The Board concludes, as the expert witnesses did, that the Zoning By-law, as modified at “Schedule 1”, is appropriate. The appeal is allowed accordingly. The details and reasons are set out below.

PROJECT AND HISTORY

The Applicant’s vacant site, 0.93 hectare (2.27 acres) in the Roseland Planning District of the City, is at the intersection of two collector roads, North Talbot Road and