area around the university. Michael Cooke – Manager of Planning Policy responds advising it’s the goal to find a balance between getting people out on the Main Streets, using public transportation and visiting local businesses, therefore the City isn’t in outright favour of this type of conversion on Main Streets since having Commercial is financially more beneficial and helps support local businesses successfully.
Councillor Holt goes on to inquire why it is left to the owner to decide whether to convert the commercial space to residential? Can the municipality retain a little control? Mr. Cooke responds there is the ability if the owner was approached for tenancy that they do have the ability to convert back to commercial but the municipality has no timeframe to enforce as to how long a commercial business can remain residential. Councillor Holt wants to know if the Committee or Council can implement a time period of, say, 10 years where it is then reevaluated? Councillor Holt doesn’t want an answer at this moment but would like a discussion on the topic later.
Councillor Sleiman inquires whether there are any mitigations in place for gasses in a basement apartment? Ms. Simion advises that all units will have to comply with the Ontario Building Code, including the basement unit.
Member Rondot notes concern over, when the market warrants, a return to commercial, that it can supercede the Landord Tenan t Act. A tenant can’t simply be evicted to allow a commercial tenant to enter. The resident can remain until perpetuity. That is his concern. If this were a BIA, he wouldn’t support this application.
Member Moore has comments similar to that of Mr. Rondot, however his conclusion differs. Mr. Moore’s concern is the dependency on the Owner to be willing to convert back to commercial. History shows main floor residences are difficult to pull off, particularly those that remain commercial in appearance and implications for the street could be problematic. Fears we may be setting precedence of approving something now that we may not want to approve in future projects elsewhere. He does not approve of this application at this time.
Moved by: Councillor Holt
Seconded by: Councillor Sleiman
Decision Number: DHSC 212
RECOMMENDATIONS
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THAT Schedule “A: Planning Districts and Policy Areas” of Volume 1: The Primary Plan of the City of Windsor Official Plan BE AMENDED by applying a Specific Policy Area to West Part Lot 1 ROW; Over South Part Lot 9, Registered Plan 683, known municipally as 1223 – 1233 University Avenue West;
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THAT Section 1 of Volume 2: Secondary Plans & Special Policy Areas of the City of Windsor Official Plan BE AMENDED by adding a Special Policy Area as follows:
1.48 South Side of University Ave West, West of Wellington Ave