APPENDIX G - Consultations

June 29, 2020                                                    Sent via email: gatkinson@citmindsor.ca

 

City of Windsor Planning Department
350 City Hall Square West, 2nd Floor
Windsor, Ontario N9A 681

Re: Zoning By-Law Amendment - 1200 University Avenue. 

Thank you for the recent circulation respecting a rezoning at the above-referenced location.

Detroit River Tunnel Partnership (DRTP) is not in favor of residential uses adjacent to its right-of-way as this land use is not compatible with railway operations. The health, safety and welfare of future residents could be adversely affected by railway activities.

Should this proposed rezoning application be approved, DRTP requests the following be included as a condition in the development agreement which would ultimately be cleared by your agency:

Warning Clause: A clause should be inserted in all offers to purchase, agreements of purchase and sale or lease and in the title deed or lease of each dwelling within 300m of the Detroit River

Tunnel Partnership right-of-way, warning prospective purchasers or tenants of the existence of the railway's operating right-of-way; the possibility of alterations including the possibility that

Detroit River Tunnel Partnership may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that Detroit River Tunnel Partnership will not be responsible for complaints or claims arising from the use of its facilities and/or operations.

In addition, DRTP operates in an underground railway tunnel located in close proximity to the proposed development. In order to ensure that this infrastructure is not affected by any major excavation and/or vibration, DRTP requests that it be provided proposed excavation and shoring details for its review prior to the issuance of any building permit.

Thank you,

Detroit River Tunnel Partnership