Section 1.19, OP Vol. 2 further states that “Outside of the designated area, a new entertainment lounge shall only be permitted by specific zoning amendment or prior land use review and impact analysis.”

Entertainment lounge use is not typically associated with neighbourhood commercial uses and should only be considered on lands appropriately designated for such use. Furthermore, there is no land use review and impact analysis submitted by the applicant per section 1.19, OP Vol. 2, as stated above.

With respect to parking requirements for the subject development, an excerpt from the Traffic Impact Study prepared by Dillon Consulting Limited for the proposed development on the subject land is attached as Appendix G. The parking study was based on the initial development concept submitted by the applicant. A total of 36 or 35 dwelling units were originally proposed on two floors above the commercial units on the ground floor. The consultant’s parking analysis in the table found in Appendix G, attached, shows that an estimated total of 118 parking spaces were required for the original proposal; applicant proposed 108 parking spaces as shown on the site plan.

The applicant, subsequently, changed the concept plan to add more dwelling units and more storeys to the building. The revised zoning by-law amendment application form and PJR submitted in September of 2020 did not provide the proposed number of dwelling units. Therefore, it is not appropriate to consider a request for parking reduction, when an estimated/actual number of required parking spaces have not been provided for the revised proposal.

The request for increase in floor areas of permitted CD1.12 uses have not been satisfactorily justified by the proponent. The proponent is requesting to increase floor areas of permitted uses in the CD1.12 zone, but has also indicated that there are potential parking concerns with the site. Furthermore, the subject site is residentially designated and the existing neighbourhood commercial use provisions in the CD1.12 should be adhered to as much as possible.

Please note that there is no satisfactory planning justification in support of the applicant`s request for relief from parking area separations in Zoning by-law 8600.

A draft by-law is attached as Appendix F.

A Residential Interim Control By-law 103/2020 (RICBL) came into effect in the City of Windsor on July 13, 2020. RICBL applies to development proposals with 5 or more dwelling units. This zoning by-law amendment application was deemed complete on May 16, 2020, two months before the interim control by-law came into effect. There are currently no criteria when reviewing a request for an exemption. However, the proposed development will not impact the outcome of the related land use study. As such, an exemption from B/L 103/2020 is recommended.

4. SITE PLAN

The proposed amendment is a “development” as defined in section 41(1) of the Planning Act; therefore, the applicant is required to submit an application for Site Plan Approval. According to the comment received October 21, 2020 from the City’s Engineering - Design & Development Division, the following requirements shall be addressed at the time of Site Plan Approval: