continuation of an orderly development pattern in the subject area. The subject zoning by-law amendment is consistent with the relevant policies of the PPS and conforms with, or can be modified to conform with, the applicable objectives and policies of OP Vol. 1. The zoning by-law amendment will provide additional housing options and opportunities in the area. According to the applicant’s planner, potential adverse impacts on nearby residential properties will be mitigated with design elements and landscaping features at the time of site plan review. This amendment meets the evaluation criteria set out in s.11.6.3.3 of the OP.
Based on the analysis provided in this report, this zoning by-law amendment maintains conformity with the Official Plan, as required in s.11.6.3.1 of the OP.
3. ZONING
As a matter of background, in 2008 OMB decision PL050845 allowed a partial appeal of the rezoning of the subject lands from residential (HRD1.4) to neighbourhood commercial (CD1.12). See decision attached for your review. The OMB decision resulted in the current zoning categories on the subject lands, as noted below:
The OMB decision to allow a partial appeal came as a result of subsequent modifications to the applicant`s proposal part-way through the hearing. The applicant scaled back its proposal in the following key respects:
-
“The proposed commercial area would be reduced. Instead of the eastern side of the property being commercial, it would remain residential, with a proposed housing configuration similar to the opposite side of Pioneer Drive.
-
The reduction in the commercial area would lead to a corresponding reduction in parking area, and in expected commercial traffic.
-
Vehicle access would be exclusively via North Talbot Road.
-
To pre-empt the possibility of becoming a cluster of restaurants, there would be a maximum of two restaurants, limited in size.
-
Some provisions which were expected to be in the site plan, like a six-metre landscaped buffer on the north side, would now be entrenched in the Zoning By-law; but there would still be a site plan as well”.
As a result of OMB decision PL050845, the subject lands are currently zoned Commercial District 1.12 (CD1.12) for Parts 7, 12R-23594 and Block 197, 12M-355 and Residential District 1.1 (RD1.1) for Parts 1 & 2, 12R-23594, in the City of Windsor Zoning By-law 8600. Appendix C, attached to this report, contains relevant Excerpts from Zoning By-law 8600. The requested amendment would change the RD1.1 portion of the subject lands to CD1.12, reverting back to what was initially requested and addressed at the OMB hearing in 2008 and subsequently rejected by PL050845.
Permitted uses in the CD1.12 zoning category are as follows:
| Business Office | Professional Studio |
| Child Care Centre | Repair Shop - Light |
| Food Outlet - Take-Out | Restaurant |
| Medical Office | Retail Store |
| Personal Service Shop | Anyuseaccessorytotheprecedinguses.AnOutdoorStorageYardisprohibited |
The current zoning by-law amendment includes request for a site-specific CD1.12 zone for the entirety of the subject lands [Parts 1, 2 & 7, 12R-23594 and Block 197, 12M-355] to permit:
-
addition of multi-unit residential use to the subject site;
-
add grocery store and entertainment lounge to permitted uses;
-
duplicated uses;
-
an increase in building height to 16.0m;
-
relief in required parking to a minimum of 108 parking spaces;
-
relief from the parking area separation setback from a habitable window;