The applicant must demonstrate the development proposed is sensitive to the context in which it is placed. While much of this is considered through the site plan control process, the relationship of the of location of the new proposed buildings to existing buildings is impacted by the Zoning Regulations
Zoning By-Law:
The site is zoned Residential District (RD) 1.1 within By-law 8600. The proposed Multiple Dwellings are not currently permitted in this zone. The applicant is proposing that the site be rezoned to a site-specific Residential (RD) 2.5 zone that would permit the proposed Multiple Dwellings structure with specific regulations that would allow the building to be located as per the applicant’s concept plan.
While the proposed use and minimum lot area can be supported, the original conceptual site plan reveals a lack of sensitivity to the context in which the development is placed. Because this is an area contains some low profile single detached dwellings, the location of the buildings close to the interior side yards of the adjacent single detached dwellings may cause concern. The applicant has chosen to submit a conceptual site plan that appears to have massing that is incompatible with the adjacent detached residential dwellings. Other orientations of development are possible that would have less impact on the abutting landowners. To provide guidance to the applicant, administration will require a greater interior side yard setback to reduce the impact of the proposed structures on the abutting land uses as follows:
Side yard width – where a habitable room window of any dwelling unit faces a side lot line- 20m
The proposed building height regulation of 20m appears excessive for the development proposed. The proposed 20m building height would result in a building approximately twice the height of the buildings shown on the concept plan presented. The maximum height of 18m permitted in the RD2.5 zone category is sufficient for the development proposed and therefore being recommended.
Interim Control By-law 103-2020:
The parcel is subject to Residential Interim Control By-law 103-2020 (RICBL) which prohibits a Group Home, Lodging House, a Shelter, and a dwelling with five or more dwelling units throughout the City of Windsor to allow a land use study to be conducted.
Council Resolution 364/2020 directs that the land use study consider, among other things, residential density. Given the site is located near the intersection of collector roads with limited exposure to low density residential uses, the Planning Department does not anticipate any conflict between the proposed development and the land use study.
Recommendation 1 of this report provides an exemption to By-law 103-2020.