At the July 13 th 2020 Development and Heritage Standing Committee, the members recommended approval for a Site Specific zoning bylaw amendment for the subject lands. A history of recent applications on this site was provided on page 5 of council report S 88/2020:

“ This site has been the subject of two zoning by-law amendment applications. The first application took place in 2008. At that time the Planning Department recommended approval to rezone the subject lands from RD1.4 to CD2.1 (ZNG/286). Council denied this application (CR 167/2008). The applicant appealed council’s decision to the Ontario Municipal Board (OMB). The Parties to the appeal agreed on a settlement. The Minutes of Settlement and Board Decision approved a medical office as an additional permitted use to the RD1.4 zone, and applied certain site specific regulations to mitigate any impact a new structure on the site may have. (File No. PL080534).

The second application was filed in 2016 (Z-018/16 ZNG/5004) and approved in January of 2017 (BL40/2017). That application proposed to add permitted uses to the existing site specific regulation. Those uses included Business Office, Pharmacy, Professional Studio and Health Studio. These uses were determined to be consistent with uses that are commonly found in a neighbourhood commercial setting and would be of benefit to the neighbourhood in general. No changes were made to the provisions of the original OMB order that set out the yard, parking, height and floor area regulations for the form and placement of the building on the site.”

On August 24, 2020, Council approved By-Law Number 121-2020 to further amend the City of Windsor Zoning By-Law Section 20(1) 223. The new Section 20(1)223:

223. For the lands comprising part of Lot 15, Concession 5, described as PIN 01298-0080 LT and 01298-0081 LT, situated on the south side of Cabana Road East, east of Howard Avenue ("the property"), that:

i) the following shall be additional permitted uses: a medical office, business office, personal service shop, pharmacy, professional studio, health studio, restaurant and take-out restaurant ; and ii) the following uses shall be prohibited: a drive through restaurant and a restaurant patio; and iii) the following regulations shall apply:

  1. All parking spaces shall be located in the front yard and side yard. Parking spaces are prohibited in the rear yard.

  2. Maximum building height - one storey

  3. Maximum net floor area - 474 square metres

  4. Minimum rear yard setback - 3.0 metres

  5. Minimum west side yard width - 0.0 metres

  6. Minimum east side yard width - 3.7