Background:

Section 38(1) of the Planning Act permits a municipality to pass an interim control by-law (ICBL) that prohibits the use of land, buildings or structures for such purposes as set out in the by- law. This in effect “freezes” development (that is described by the by -law) on the lands for a period not to exceed one year. An ICBL is an important planning tool that allows the municipality to rethink its current land use policies by suspending development that may end up conflicting with any new policy that may be developed. However, in order to enact an ICBL, Council must direct that a review or study be undertaken with respect to the existing land use policies in question.

Windsor’s Official Plan provides for the use of an ICBL, specifically it states that:

Council may pass Interim Control By-laws in accordance with the Planning Act to control and restrict the use of land, buildings or structures within the municipality or defined area, where council has directed that a review or study be undertaken in respect of land use planning policies in the municipality or defined area.

As part of an ongoing process to update Zoning By-law 8600, staff reviewed the MD1 and MD2 zoning districts. A gap in Zoning By-laws 8600 and 85-18 regarding Transport Terminal in terms of a definition and applicable provisions was identified. On November 19, 2018, Council approved Housekeeping Amendment 2017-3 (Z-030/17 ZNG/5364).

After that approval, it became clear that there were issues regarding Transport Terminal in the MD1 and MD2 zoning districts and M1 zones. Some zones permitted Transport Terminal, some only allowed it as an accessory to a permitted main use, and some prohibited the use. Some Transport Terminals were located in close proximity to residential, institutional, and commercial uses causing negative impacts on those uses. Complaints were received concerning unpaved lots, dust, draining, lighting, ponding of water, and noise from trucks and tractor-trailers.

Federal and provincial regulatory changes require that drivers take appropriate breaks from driving, requiring drivers to store their truck or tractor-trailer in a safe and secure location. This increased demand for Transport Terminals in locations where they may not be appropriate.

On June 3, 2019, Council approved Interim Control By-law 78-2019 and directed staff to study the issues surrounding Transport Terminals. CR291/2019 states:

That Council authorize the City Planner to undertake a study and reviewof Zoning Bylaws 85-18 and 8600 with respect to land use policies related to a Transport Terminal with the City of Windsor.

The main purposes of doing the study is to ensure that Transport Terminal is appropriately permitted or prohibited, that the provisions for a Transport Terminal are consistent with the policy direction of the Official Plan, and that a Transport Terminal is not detrimental to surrounding existing and potential land uses. It is acknowledged that this is not just a regulatory problem, and that the study should not be limited to review of the existing Zoning By-laws.