Interim Control By-law 78-2019

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 “freezes” development on the lands (as described by the by-law) 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.

On June 3, 2019, Council approved Interim Control By-law 78-2019 (see Appendix A) that prohibits the creation of a new Transport Terminal in any MD1. or MD2. zoning districts and M1 zones in the City of Windsor. This will allow Administration to study the extent of the challenges, propose possible solutions and provide revised policies and provisions that aim to balance the needs of Transport Terminal and shipping business owners, truck operators, and surrounding businesses and residents.

Council Resolution 291/2019, which approved Interim Control By-law 78-2019, states:

That Council MAY REVIEW , on a case-by-case basis, any requested amendments to the Interim Control By-law where there is a determination that the creation of a new Transport Terminal would not conflict with the general purpose and intent of the Interim Control By-law;

Amending By-law 55-2020, approved by Council on April 27, 2020, extended Interim Control By-law 78-2019 by one additional year. ICBL 78-2019 will expire on June 2, 2021 or earlier if repealed by Council.

Request for Exemption from ICBL

Lassaline Planning Consultants (Jackie Lassaline), on behalf of the property owner, Amex Freight, submitted a request (see Appendix B1 and B2) for exemption from Interim Control By-law 78-2019 to allow the processing of a site plan control application to bring the parcel in compliance with the provisions of Zoning By-law 8600. An aerial image submitted by the agent is attached as Appendix C. A conceptual site plan and elevations are attached as Appendix D.

Transport Terminal Land Use Study

The Transport Terminal Land Use Study (“Study”) was tabled at the November 16 meeting of the Development & Heritage Standing Committee (DHSC) for consideration at the December 14 meeting of the DHSC. The Study recommends various actions that should be taken to address the matters in CR 291/2019 and Interim Control By-law 78-2019. A concurrent staff report with specific proposed amendments to the City of Windsor Official Plan and Zoning By-laws 8600 and 85-18 will be also be considered at the same meeting in December.