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CITY OF WINDSOR AGENDA 3/19/2018

Planning, Heritage & Economic Development Standing Committee Meeting

Date: Monday, March 19, 2018 Time: 4:30 p.m.

Location: Council Chambers, 3rd Floor, Windsor City Hall

MEMBERS:

Ward 4 - Councillor Chris Holt

Ward 5 - Councillor Ed Sleiman

Ward 7 - Councillor Irek Kusmierczyk

Ward 8 – Councillor Bill Marra (Chairperson)

Ward 9 - Councillor Hilary Payne

Member Lynn Baker

Member Barb Bjarneson

Member Michael DiMaio

Member Andrew Foot

Member Anthony Gyemi

Member John Miller

Member Dorian Moore

PHED Standing Committee - March 19, 2018 of 200

ORDER OF BUSINESS

Item # Item Description 1. CALL TO ORDER

2. DISCLOSURES OF PECUNIARY INTEREST AND THE GENERAL NATURE

THEREOF

3. REQUEST FOR DEFERRALS, REFERRALS OR WITHDRAWALS

4. COMMUNICATIONS

5. ADOPTION OF THE PLANNING ACT MINUTES

5.1. Minutes of the Planning, Heritage & Economic Development Standing Committee meeting (Planning Act Matters) held January 22, 2018 (SCM 37/2018)

6. PRESENTATION & DELEGATIONS (PLANNING ACT MATTERS)

7. PLANNING ACT MATTERS

7.1. Rezoning - City of Windsor - Housekeeping Amendment 2018-1 - Z-003/18 ZNG/5389 - City Wide (S 24/2018)

7.2. Official Plan and Zoning By-Law Amendments submitted by The Gathering Windsor Incorporated for the lands located north of Northwood Street, west of South Cameron

Boulevard and abutting the north limit of Columbus Drive, municipally known as 2401 Columbus Drive; File Nos. OPA 117 (OPA/5350) and Z-028/17 (ZNG/5349); Ward 10 (S 39/2018)

7.3. Rezoning – Request for site specific amendments to current zoning regulations and permitted uses to 5 properties located at 3169-3199 Dougall Ave. - Ward 1 (S 32/2018)

8. ADOPTION OF THE MINUTES


9. PRESENTATIONS AND DELEGATIONS (COMMITTEE & ADMINISTRATIVE

MATTERS)

10. HERITAGE ACT MATTERS

11. ADMINISTRATIVE ITEMS

11.1. Downtown Windsor Enhancement Strategy and Community Improvement Plan Grant

Application under the Commercial/Mixed Use Facade Improvement Grant Program made by SVB Realty Inc. at 212-248 Erie Street West, Ward 3 (S 35/2018)

11.2. Economic Revitalization Community Improvement Plan (CIP) application submitted by 2563712 Ontario Ltd. and 2324317 Ontario Ltd. (WRA Clinics) for property located at 1558-1560 Ouellette Avenue, 1568 Ouellette Avenue, 0 Dufferin Place, and 1559 Dufferin Place (S 30/2018)

12. COMMITTEE MATTERS

13. QUESTION PERIOD

14. ADJOURNMENT


Committee Matters: SCM 37/2018

Subject: Minutes of the Planning, Heritage & Economic Development Standing Committee meeting (Planning Act Matters) held January 22, 2018

Item No. 5.1


CITY OF WINDSOR – MINUTES

Planning, Heritage & Economic Development Standing Committee

(Planning Act Matters)

Date: Monday, January 22, 2017 Time: 4:32 pm

MEMBERS PRESENT:

Councillors:

Ward 8 – Councillor Marra (Chairperson) Ward 4 - Councillor Holt Ward 5 - Councillor Sleiman (Vice Chairperson) Ward 7 - Councillor Kusmierczyk Ward 9 - Councillor Payne Members:

Member Bjarneson Member Gyemi Member Moore ALSO PRESENT ARE THE FOLLOWING FROM ADMINISTRATION:

Shelby Askin-Hager, City Solicitor Wira H.D. Vendrasco, Deputy City Solicitor Thom Hunt, City Planner/Executive Director Michael Cooke, Manager of Planning Policy Jim Abbs, Planner III – Subdivisions Tom Cadman, Planner III - Subdivisions Justina Nwaesei, Planner II – Development Review John Calhoun, Heritage Planner (6:22 pm) Kristina Tang, Planner II – Special Projects (6:22 pm) Adam Coates, Planner III – Urban Design, Sign By-Laws John Revell – Chief Building Official Patrick Winters – Engineering, Projects & ROW Sandra Gebauer – Council Assistant Barry Horrobin – Police Services


MINUTES Planning, Heritage & Economic Development Committee Meeting Monday, January 22, 2018 Page 2 of 6

Delegations:

7.1 Gillian Benoit-Gonzalez (Chair) and Jenifer Locknick (Member) – Ford City Residents in Action

Alana Usadov and Kayla Lessard – ford City Neighbourhood Reneweal Marina Clemens (Executive Director) – Drouillard Place Bridget Scheuerman (Executive Director) – Ford City BIA Siniša Šimić and Nicole Baillargeon – local business owners/investors Vince Wacheski – resident Ward 5 7.3 Beth Storey, resident Ward 5 Patrick Menard, resident Ward 5 Adrian Bodnar, resident Ward 5 Ellen Brown & Wayne St. Louis, residents Ward 5 Mary Patrick, resident Ward 5

1. CALL TO ORDER

The Chairperson calls the meeting of the Planning, Heritage and Economic Development Standing Committee to order at 4:32 pm.

2. DISCLOURES OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

None

3. REQUEST FOR DEFERRALS, REFERRALS OR WITHDRAWALS

None

4. COMMUNICATIONS

None

5. ADOPTION OF THE PLANNING ACT MINUTES

5.1 Minutes of the Planning, Heritage & Economic Development (Planning Act Matters) minutes held December 11, 2017.

Moved by: Councillor Holt Seconded by: Member Bjarneson



THAT the Minutes of the Planning, Heritage and Economic Development Standing Committee meeting (Planning Act Matters) meeting held December 11, 2017 BE ADOPTED as presented. Carried, UNANIMOUSLY. Report Number: SCM 5/2018 Clerk’s File: MB2017

6. PRESENTATION & DELEGATIONS (PLANNING ACT MATTERS)

None

7. PLANNING ACT MATTERS

7.1 Z-024/17 [ZNG/5284] – Julie Lynn Appleby 1052 Drouillard Rd. - Rezoning Ward 5

Justina Nwaesei, Author Members of the community (Delegates listed under 7.1) came forward to voice their opposition to the rezoning of the property noting they were not consulted by the applicant, nor does the proposed use of the site fit their criteria for improvement of the area. Would like to have been consulted. John Button (representing applicant) – present for questions and provides further information regarding the proposed use. Moved by: Councillor Sleiman Seconded by: Member Gyemi Decision Number: PHED 541

I. THAT an amendment to the Zoning By-law 8600 to change the zoning of the land located on the east side of Drouillard Road, between Whelpton Street and Richmond Street, described as Lot 26 on Registered Plan 619, by adding a site specific zoning provision to allow a “lodging house” use as an additional permitted use within the existing building on the subject land BE DENIED.

Report Number: S 3/2018 Clerk’s File: ZB/12975



7.3 Z-023/17 [ZNG/5282] & OPA 116 [OPA/5283] – Azar Holdings Ltd. 4130 Franklin St. – Rezoning & Official Plan Amendment Ward 5

Jim Abbs, Author Area residents (Delegates listed under 7.3) attended to oppose the proposed development, citing concerns for flooding and crowded street/lack of parking. The residents are against townhouse development. Moved by: Councillor Holt Seconded by: Member Moore Decision Number: PHED 542

That the application to amend the City of Windsor Official Plan creating a site specific special policy area that would permit Residential Development within 300m of a Rail Yard BE APPROVED; and, That an amendment to City of Windsor Zoning By-law 8600 changing the zoning of Lots 148 to 159 and Part of Lot 160, PLAN 796 at 4130 Franklin Street, (east side of Tourangeau Road, north of Franklin Street); from Institutional District (ID) 1.1 to Residential District (RD) 1.3 BE APPROVED; and, That an amendment to City of Windsor Zoning By-law 8600 changing the zoning of Lots 161 to 166 and Part of Lot 160, Plan 796 and Lots 11 to 15, Part of Lot 10 and part of Closed Alley, Plan 892 from Institutional District (ID) 1.1 to Residential District (RD) 2.1 BE APPROVED; and, That the owner ENTERS into a servicing agreement with the Corporation of the City of Windsor, such agreement to provide for the following matters:

a. The owner shall agree to include all items as set out herein and other relevant matters set out in CR233/98 (Standard Servicing Agreement).

b. The owner shall agree to provide a servicing study, prepared to the satisfaction of the City Engineer;

c. The owner shall agree to provide services required by their development, to the satisfaction of the City engineer; and,

That the CAO and City Clerk BE AUTHORIZED to sign the agreement satisfactory in technical content to the City Engineer and satisfactory in form to the City Solicitor; and, The motion is PUT and LOST Councillors Payne and Holt voting YAY. Councillors Sleiman, Kusmierczyk and Members Bjarneson, Gyemi and Moore voting NAY.



Moved by: Member Gyemi Seconded by: Member Bjarneson That the application to amend the City of Windsor Official Plan creating a site specific special policy area that would permit Residential Development within 300m of a Rail Yard BE APPROVED; and, That an amendment to City of Windsor Zoning By-law 8600 changing the zoning of Lots 148 to 159 and Part of Lot 160, PLAN 796 at 4130 Franklin Street, (east side of Tourangeau Road, north of Franklin Street); from Institutional District (ID) 1.1 to Residential District (RD) 1.2 BE APPROVED; and, That an amendment to City of Windsor Zoning By-law 8600 changing the zoning of Lots 161 to 166 and Part of Lot 160, Plan 796 and Lots 11 to 15, Part of Lot 10 and part of Closed Alley, Plan 892 from Institutional District (ID) 1.1 to Residential District (RD) 2.1 BE APPROVED; and, That the owner ENTERS into a servicing agreement with the Corporation of the City of Windsor, such agreement to provide for the following matters:

a. The owner shall agree to include all items as set out herein and other relevant matters set out in CR233/98 (Standard Servicing Agreement).

b. The owner shall agree to provide a servicing study, prepared to the satisfaction of the City Engineer;

c. The owner shall agree to provide services required by their development, to the satisfaction of the City engineer; and,

That the CAO and City Clerk BE AUTHORIZED to sign the agreement satisfactory in technical content to the City Engineer and satisfactory in form to the City Solicitor. Motion, CARRIED. Councillor Sleiman voting NAY. Report Number: S 215/2017

Clerk’s File: ZB/12977 ZO/12978

7.2 Z-029/17 [ZNG/5359] – 1433311, 1722912 & 1495623 Ontario Inc. 1335-1491 & 1340-1490 Helsinki Court - Rezoning Ward 9

Tom Cadman, Author. Presented by Jim Abbs. Moved by: Councillor Kusmierczyk



Seconded by: Member Gyemi Decision Number: PHED 543

I. THAT Zoning By-law 8600 BE AMENDED by deleting and replacing Section 20(1)118 as follows:

“118. For the lands comprising of Part of Lot 13, Concession 6, designated as Parts 9 to

18 inclusive, Plan 12R-20103, situated on the north side of Holburn Street between Sixth Concession Road and Ducharme Street, the following additional regulations shall apply:

1. Front yard depth – minimum 4.50 m

[ZDM 13; ZNG/4965; ZNG/5359]”

II. THAT Council AUTHORIZE reimbursement of application fees, in the amount of $3,915.00,

to the applicant.

Carried. Councillor Holt voting NAY. Councillor Sleiman was absent from the meeting when the vote was taken on this matter. Report Number: S 229/2017 Clerk’s File: ZB/13033

8. ADJOURNMENT There being no further business, the meeting of the Planning, Heritage and Economic Development Standing Committee is adjourned at 6:42 o’clock p.m. Ward 8 – Councillor Marra Thom Hunt (Chairperson) (Secretary)


S 24/2018 ZNG/5389 Z-003/18 Page 1 of 8

Council Report: S 24/2018

Subject: Rezoning - City of Windsor - Housekeeping Amendment 2018-1 - Z-003/18 ZNG/5389 - City Wide

Reference:

Date to Council: 3/19/2018 Author: Adam Szymczak

Senior Planner 519-255-6543 ext 6250

[email protected] Planning & Building Services Report Date: 2/7/2018

Clerk’s File #: ZB/13078

To: Mayor and Members of City Council

Recommendation:

THAT Zoning By-law 8600 BE AMENDED as follows:

1. That Section 3 be amended by replacing the definition of School with thefollowing definition:

“SCHOOL means a school or private school as defined by the Education Act,

R.S.O. 1990, Chapter E.2, a college, or a university, but does not include a

commercial school. [ZNG/5389]”

2. That Section 5 be amended by deleting Sections 5.22 and 5.24 and adding thefollowing clause:

“5.23 DWELLING – SEMI-DETACHED & TOWNHOME – ADDITIONAL PROVISIONS [ZNG/5389]

5.23.1 For a dwelling unit in a semi-detached dwelling or in a townhome dwelling, a door that opens to the rear yard shall be located a minimum of 1.20 m from the centreline of the common wall between the dwelling units.

5.23.5 When a lot on which a semi-detached dwelling or townhome dwelling has been erected and is subsequently severed by a common interior lot line that separates the dwelling units, for each dwelling unit the following additional provisions shall apply:

.1 Lot Width – minimum – equal to the width of the dwelling unit plus any exterior side yard as existing at the time of the lot severance

.2 Lot Area – minimum – as existing at the time of the lot severance

.3 Lot Coverage – Total – maximum – 50% of lot area

.7 An interior side yard shall not be required along the common interior lot line for that part of the dwelling unit lawfully existing at the time of the lot severance”

Item No. 7.1


S 24/2018 ZNG/5389 Z-003/18 Page 2 of 8

3. That Section 5.30.5 be amended by adding the following after Section 5.30.5.5:

“.7 If an existing yard depth or existing yard width is less than that required by this by-law, the maximum encroachment into that yard shall be measured from the closest wall of the main building facing that yard. [ZNG/5389]

.9 For a dwelling unit in a townhome dwelling where an encroachment identified in clauses .25, .36 and .90 in Table 5.30.10 is located within a rear yard or a side yard, a minimum separation from an interior side lot line is not required. [ZNG/5389]”

4. That Section 5.99.30 be deleted and replaced with the following:

“5.99.30 GROUP HOME

.1 In any residential district or institutional district, a group home may be a permitted use provided that any building used as a group home shall occupy the whole building and shall comply with the provisions for a single unit dwelling in Section 10.1.5.

[ZNG/5271; ZNG/5389]”

5A. That Section 8.1 be deleted and replaced with the following:

“8.1 DEVELOPMENT RESERVE DISTRICT 1.1 (DRD1.1)

8.1.1 PERMITTED USES

Existing Dwelling

Any use accessory to an Existing Dwelling

8.1.5 PROVISIONS

.1 Lot Width – minimum As Existing

.2 Lot Area – minimum As Existing

.3 Lot Coverage – Total – maximum 45.0%

.4 Main Building Height – maximum 10.0 m

.5 Front Yard Depth – minimum 6.0 m

.6 Rear Yard Depth – minimum 7.50 m

.7 Side Yard Width – minimum 1.20 m”

5B. That Section 8.2 be deleted and replaced with the following:

“8.2 DEVELOPMENT RESERVE DISTRICT 1.2 (DRD1.2)


Agricultural Use

Forestry Use

Greenhouse

Market Garden

Nursery

Single Unit Dwelling

Any use legally existing on the date this zoning district came into force

Any use accessory to the preceding uses


S 24/2018 ZNG/5389 Z-003/18 Page 3 of 8

8.2.3 PROHIBITIONS

.1 A building or structure is prohibited except for the following purposes:

1. Buildings and structures for the permitted uses.

2. Existing Single Unit Dwelling.

3. One Single Unit Dwelling accessory to an Agricultural Use.

4. One Single Unit Dwelling for the property owner or resident staff as supplementary housing to an Agricultural Use, in addition to an

existing dwelling on a farm lot, such farm lot being a lot of record legally created and registered in a registry office for the County of Essex and in existence on or before February 3, 1969 and having a

minimum lot area of 19.0 ha.

5. One Single Unit Dwelling on a lot of record legally created and

registered in the registry office for the County of Essex and in existence on or before February 3, 1969 or on a lot created after February 3, 1969.

8.2.5 PROVISIONS

.1 On a lot legally created after May 21, 1985 and on Lots of Record with a

total lot area not exceeding 0.50 ha, one Single Unit Dwelling:

.1 Lot Frontage – minimum 30.0 m

.2 Lot Area – minimum / maximum 1,860.0 m2 / 5,000.0 m2





.7 Side Yard Width – minimum 3.0 m

.5 For any other use:


.2 Lot Area – minimum 19.00 ha





.7 Side Yard Width – minimum 1.50 m”

6. That clause 21 of Section 20(1) be deleted and replaced with the following:

“21. For the lands comprising the south 12.5 metres of Lot 5, Registered Plan 346,

situated on the east side of McKay Avenue, south of Riverside Drive West, for a duplex dwelling the minimum lot area shall be 340.0 m2.

[ZDM 3; ZNG/5389]”


S 24/2018 ZNG/5389 Z-003/18 Page 4 of 8

Executive Summary:

N/A

Background:

Planning staff receive feedback and comments on the interpretation and operation of the Zoning By-laws from other municipal staff, residents, property owners, developers

and other interested parties. This feedback is reviewed to determine what revisions and corrections are required to ensure the consistent interpretation, and the effective

operation, of the Zoning By-laws.

This housekeeping amendment proposes minor revisions and corrections to various provisions in Zoning By-law 8600 in response to feedback from municipal staff.

Appendix A contains various extracts from Zoning By-law 8600. Appendix B contains extracts from the Education Act.

Discussion:

RECOMMENDATION 1 – Definition of School (Section 3)

During a recent review of a rezoning application for a former elementary school site, it came to our attention that the definition of School in Zoning By-law 8600 is not

consistent with definitions in the Education Act, R.S.O. 1990, Chapter E.2. School is currently defined as follows in Zoning By-law 8600:

SCHOOL means a premises for teaching and learning established and maintained, not for profit or gain, by a district school board or a school authority as defined by the Education Act, R.S.O. 1990, Chapter E.2, college, university or a private institution. It does not include a commercial school.

The zoning by-law definition currently makes a distinction in that the institution must be not for profit or gain. Therefore, in any zoning district that permits a School, a non-profit

private school is permitted, however, a for-profit private school is prohibited. While the Education Act (see extracts in Appendix B) defines a private school, it does not

differentiate between a for-profit private school and non-profit private school:

“private school” means an institution at which instruction is provided at any time

between the hours of 9 a.m. and 4 p.m. on any school day for five or more pupils who are of or over compulsory school age in any of the subjects of the elementary or secondary school courses of study and that is not a school as defined in this section;

“school” means,

(a) the body of elementary school pupils or secondary school pupils that is organized as a unit for educational purposes under the jurisdiction of the appropriate board, or

(b) the body of pupils enrolled in any of the elementary or secondary school courses of study in an educational institution operated by the Government of Ontario,

Recommendation 1 replaces the existing definition of school with a simplified and revised definition that is consistent with the Education Act.


S 24/2018 ZNG/5389 Z-003/18 Page 5 of 8

RECOMMENDATION 2 – Revisions to Additional Provisions for Semi-detached Dwelling and Townhome Dwelling (Section 5.22 and 5.24)

Sections 5.22 and 5.24 contain additional provisions for Semi-detached Dwellings and Townhome Dwellings regarding the minimum separation of a door facing the rear yard from the common wall between dwelling units and what the minimum lot width,

minimum lot area, maximum total lot coverage and interior side yard requirements are when a dwelling is severed (new lots are created). These provisions apply in addition to

any provisions in a zoning district or site specific exception.

Section 5.22.3 only applies to a Semi-detached Dwelling and allows for a minimum side yard width of 1.20 m where a front yard parking space has been provided. Recent

revisions (Z-021/17 ZNG/5270) to the Residential Districts render this provision unnecessary and it should be deleted.

Recommendation 2 deletes Section 5.22 and 5.24 from Section 5 and adds a new Section 5.23 that combines provisions from Section 5.22 and 5.24. New Section 5.23.1 (previously Section 5.22.1 and Section 5.24.1) is slightly revised by adding the words

“between the dwelling units” to clarify the location of the common wall. New Section 5.23.5 (previously Section 5.22.5 and Section 5.24.5) has been revised to be consistent

with the format used in the recently revised Residential Districts.

RECOMMENDATION 3 – Revisions to Section 5.30 - Encroachment Into A Yard

This recommendation adds further clarification to Section 5.30.5 regarding the

application of the encroachment provisions in Table 5.30.10. The purpose of Table 5.30.10 is to permit certain encroachments into the identified yards and require a minimum separation, if any, of that encroachment from the identified lot line.

There are different interpretations regarding what is the starting point for measuring an encroachment into a yard where a building is located within a required yard, especially

where any building walls are closer to a lot line than permitted by the zoning by-law. Proposed Clause .7 clarifies that if the yard depth or yard width is less then what is required by the by-law, the encroachment is measured from the closest wall of the

building facing that yard. Minimum separation requirements continue to apply.

Staff noted issues with the application of setback and separation provisions that are

measured from an interior side lot line. The first issue occurs when a Townhome Dwelling has yet to be severed into individual dwelling units and when permits include those encroachments that require a minimum separation from a side lot line, for

example, a deck having a height of more than 0.30 metres. No side lot lines exist between the dwelling units, therefore those encroachments could be located at an

imaginary or assumed side lot line (following the centreline of the common wall between the dwelling units). When the dwelling units are severed, interior side lot lines are created and any encroachments would be subject to the appropriate separation from

those side lot lines. This creates an unfair situation in the operation of the Zoning By-law.


S 24/2018 ZNG/5389 Z-003/18 Page 6 of 8

The second issue is that the narrow width of the individual dwelling units in a townhome dwelling and the location of doors, windows and window wells often restricts the location

of certain encroachments (such as a deck having a height of more than 0.30 m but less than 1.20 m and a central air conditioning unit) creating a conflict with the separation requirements for those encroachments.

Staff recommends that for a townhome dwelling the following encroachments - deck having a height of more than 0.30 m but less than 1.20 m, a central air conditioning unit

including the components of a heating, ventilation or air conditioning (HVAC) system, and a wheelchair ramp or lift – located within a rear yard or side yard that no separation from an interior side lot line is required.

RECOMMENDATION 4 – Revision to Section 5.99.30 – Group Home

Section 5.99.30 was recently amended as part of Housekeeping Amendment 2017-2

(ZNG/5271) to refer to the revised numbering scheme in the RD1.1 zoning district. However, the amendment does not state which specific provisions apply. The proposed revision explicitly states that the Single Unit Dwelling provisions in Section 10.1.5 apply.

RECOMMENDATIONS 5A & 5B – Revision to Section 8 Development Reserve Districts

Some errors were noted in the Development Reserve District 1.1 (DRD1.1) and Development Reserve District 1.2 (DRD). Specifically, the provisions for Lot Coverage – Total and Main Building Height are currently indicated as minimum. This is incorrect.

They should read maximum.

Sections 8.1.5.3, 8.2.5.1.3 and 8.2.5.5.3 should read “Lot Coverage – Total – Maximum” and Sections 8.1.5.4, 8.2.5.1.4 and 8.2.5.5.4 should read “Main Building Height –

Maximum”. Numerical values remain unchanged. Recommendations 5A & 5B delete Sections 8.1 & 8,2 and replace them with revised sections with the correct wording.

RECOMMENDATION 6 – Revision to Section 20(1)21

146 McKay is a parcel on the east side of McKay, south of Riverside Drive West that is currently vacant and zoned Residential District 2.1 (RD2.1) and S.20(1)21.

Prior to the consolidation of Zoning By-laws 3072 and 8600 into a new Zoning By-law 8600, the parcel was zoned Residential District 1.3 (RD1.3) which permitted a Single

Unit Dwelling on a lot with a minimum width of 9.0 m.

On November 20, 2000, an rezoning amendment (B/L 356/2000; Z-082/00) was approved that added a site specific exception – S.20(1)H349 – to allow a Duplex

Dwelling as an additional permitted use with a minimum lot area of 343 m2 and provisions for reduced minimum side yards widths. The RD1.3 zoning remained.


S 24/2018 ZNG/5389 Z-003/18 Page 7 of 8

In 2002, as part of the consolidation of Zoning By-laws 3072 and 8600 into a new Zoning By-law 8600, the site specific exception was renumbered to S.20(1)21 and was

amended to allow a duplex dwelling as an additional permitted use with no additional provisions for lot area or side yards, which would mean the provisions of the RD1.3 district would apply and that a duplex dwelling could be constructed on the parcel.

It appears that at some point during the consolidation of the two zoning by-laws, the zoning of the surrounding area, including the subject lot, was changed from RD1.3 to

RD2.1 with no changes to S.20(1)21. The RD2.1 zoning permits a Single Unit Dwelling, Semi-Detached Dwelling and a Duplex Dwelling subject to specific provisions regarding minimum lot width and minimum lot area.

The change from RD1.3 to RD2.1 renders S.20(1)21 obsolete as currently worded. However, the subject parcel is slightly undersized in lot area for a Duplex Dwelling,

having an area of about 343 m2, whereas the RD2.1 zoning requires a minimum lot area of 360 m2. That means a Duplex Dwelling cannot be built with a minor variance or a rezoning, which is not consistent with Council decisions in 2000 and 2002.

Administration is recommending that S.20(1)21 be revised by replacing the wording that permits a duplex dwelling as an additional permitted use with a provision to allow a

duplex dwelling on a lot with a minimum area of 340.0 m2.

Risk Analysis:

N/A

Financial Matters:

N/A

Consultations:

Departments and Agencies

This report is based on feedback from Planning and Building Staff, other municipal departments, external agencies and the general public.

Public Notice

Notice as required by the Planning Act was advertised in the Windsor Star on February 23, 2018.


S 24/2018 ZNG/5389 Z-003/18 Page 8 of 8

Conclusion:

Housekeeping Amendment 2018-1 responds to concerns and issues raised by municipal staff, residents and customers regarding the effective operation of Zoning By-law 8600. It revises certain provisions to avoid ambiguity and/or interpretation issues

and corrects some minor errors. The proposed amendment is consistent with the Provincial Policy Statement, conforms with the City of Windsor Official Plan and

constitutes good planning.

Planning Act Matters:

Adam Szymczak, MCIP, RPP Senior Planner

I concur with the above comments and opinion of the Registered Professional Planner.

Neil Robertson, MCIP, RPP Thom Hunt, MCIP, RPP

Manager, Urban Design City Planner/Executive Director of Planning & Building

I am not a registered Planner and have reviewed as a Corporate Team Leader

SAH OC

Approvals:

Name Title

Neil Robertson Manager, Urban Design

Thom Hunt City Planner / Executive Director of Planning & Building

Wira Vendrasco Deputy City Solicitor

Shelby Askin Hager City Solicitor

Onorio Colucci Chief Administrative Officer

Notifications:

Name Address Email

None

Appendices:

1 Appendix A - Excerpts From Zoning By-law 8600

2 Appendix B - Excerpts From The Education Act


S 24/2018 ZNG/5389 Z-003/18 Appendix A Page 1 of 5

APPENDIX A – EXCERPTS FROM ZONING BY-LAW 8600

SECTION 3 – DEFINITIONS COMMERCIAL SCHOOL means a building where instruction is given for hire and includes a private

career college as defined by the Private Careers Colleges Act, S.O. 2005, Ch. 28. DWELLING means a building or structure that is occupied for the purpose of human habitation. A

correctional institution, hotel, motor home, recreational vehicle, tent trailer or travel trailer is not a dwelling.

DUPLEX DWELLING means one dwelling divided horizontally into two dwelling units with no direct

internal connection between the dwelling units.

GROUP HOME means a dwelling that is:

1. For the accommodation of six to ten persons, exclusive of staff;

2. For persons living under supervision in a single housekeeping unit and who require a group living arrangement for their well-being; and

3. Licensed or funded by the federal, provincial or municipal government.

A correctional institution, fraternity or sorority house, hospital, hotel, lodging house, private home day care, religious residence or residential care facility is not a group home.

SEMI-DETACHED DWELLING means one dwelling divided vertically into two dwelling units by a

common interior wall having a minimum area above grade of 10.0 sq. m. SINGLE UNIT DWELLING means one dwelling having one dwelling unit. A single family dwelling is

a single unit dwelling. A mobile home dwelling is not a single unit dwelling. TOWNHOME DWELLING means one dwelling vertically divided into a row of three or more

dwelling units attached by common interior walls, each wall having a minimum area above grade of 10.0 sq. m.

DWELLING UNIT means a room or suite of rooms used by or designed to be used by one or more

individuals as an independent and separate housekeeping unit. LOT AREA means the total land area in square metres, as measured along a horizontal plane, within the

lot lines of a lot, excluding any part of a lot permanently covered by water. LOT LINE means the boundary of a lot.

EXTERIOR LOT LINE means a lot line which parallels and abuts a street.

FRONT LOT LINE means the shortest exterior lot line. On a corner lot, where the front lot line curves to meet an exterior side lot line, for the purpose of the determination of length in metres, the front lot line shall be determined to extend to the mid-point on the curve where the front lot line and side lot line meet.

INTERIOR LOT LINE means a lot line which does not parallel and abut a street.

REAR LOT LINE means the exterior lot line or interior lot line which is farthest from the front lot line. On a corner lot, where the rear lot line curves to meet an exterior side lot line, for the purpose of the determination of length in metres, the rear lot line shall be determined to extend to the mid-point on the curve where the rear lot line and side lot line meet.

SIDE LOT LINE means any exterior lot line or interior lot line other than a front lot line or a rear lot line.



SCHOOL means a premises for teaching and learning established and maintained, not for profit or gain, by a district school board or a school authority as defined by the Education Act, R.S.O. 1990, Chapter E.2, college, university or a private institution. It does not include a commercial school.

COLLEGE means a college of applied arts and technology established under any Provincial Act

and may include any organization federated or affiliated with a college of applied arts and technology. It does not include a private career college as defined by the Private Careers Colleges Act, S.O. 2005, Ch. 28.

ELEMENTARY SCHOOL means an elementary school as defined by the Education Act, R.S.O.

1990, Chapter E.2. SECONDARY SCHOOL means a secondary school as defined by the Education Act, R.S.O. 1990,

Chapter E.2. UNIVERSITY means any university established under any Provincial Act or a Royal Charter and

may include any organization federated or affiliated with a university. YARD means an open space, which is located on the same lot as a building or other structure, and is

unoccupied and unobstructed from ground to sky except for any encroachments not prohibited by this by-law.

EXTERIOR SIDE YARD means the side yard of a corner lot between an exterior side lot line and

the nearest wall of a main building on such lot. FRONT YARD means a yard extending across the full width of a lot between the front lot line and

the nearest wall of a main building on such lot. REAR YARD means a yard extending across the full width of a lot between the rear lot line or the

intersection of the side lot lines and the nearest wall of a main building on such lot. REQUIRED YARD means for the purpose of Section 5.35 any of required front yard, required rear

yard, required side yard or required landscaped open space yard. SIDE YARD means a yard extending from the front yard to the rear yard between the side lot line

and the nearest wall of the main building on such lot.



SECTION 5 – GENERAL PROVISONS

5.22 DWELLING – SEMI-DETACHED – ADDITIONAL PROVISIONS

5.22.1 For a semi-detached dwelling unit, a door that opens to the rear yard shall be a minimum of 1.20 metres from the centreline of the common wall.

5.22.3 For a semi-detached dwelling unit, for which a front yard parking space has been provided in accordance with the provisions of this by-law, the minimum side yard width shall be 1.20 m.

5.22.5 When a lot on which a semi-detached dwelling has been erected and is subsequently severed by a common interior lot line that separates the dwelling units:

.1 The minimum lot width for each dwelling unit shall be equal to the width of the dwelling unit and the side yard as existing at the time of the lot severance;

.2 The minimum lot area for each dwelling unit shall be as existing at the time of the lot severance;

.3 The maximum total lot coverage for each dwelling unit shall be 50% of the minimum lot area; and

.4 An interior side yard shall not be required along the common interior lot line for that part of the dwelling unit lawfully existing at the time of the lot severance.

5.24 DWELLING - TOWNHOME – ADDITIONAL PROVISIONS

5.24.1 For a townhome dwelling unit, a door that opens to the rear yard shall be a minimum of 1.20 metres from the centreline of the common wall.

5.24.5 When a lot on which a townhome dwelling has been erected and is subsequently severed by common interior lot lines that separate the dwelling units:

.1 The minimum lot width for each dwelling unit shall be equal to the width of the existing dwelling unit at the time of the lot severance;

.2 The minimum lot area for each dwelling unit shall be as existing at the time of the lot severance;

.3 The maximum total lot coverage for each dwelling unit shall be 50% of the minimum lot area; and

.4 An interior side yard shall not be required along the common interior lot line for that part of the dwelling unit lawfully existing at the time of the lot severance.

5.30 ENCROACHMENT INTO A YARD

5.30.5 Notwithstanding the provisions of Section 5.30:

.1 An encroachment, except for a building projection located a minimum of 3.0 metres above the ground, is prohibited into a access area, driveway, parking area or parking space.

.3 If a required yard is not specified in Table 5.30.10, the encroachment is prohibited within that unspecified required yard.

.5 If a lot line is not specified in Table 5.30.10, no separation is required from that unspecified lot line.

5.99 ADDITIONAL USE PROVISIONS

5.99.30 GROUP HOME

.1 In any residential district or institutional district, a group home may be a permitted use provided that any building used as a group home occupies the whole building and complies with the provisions of Section 10(1)(b).



SECTION 8 - DEVELOPMENT RESERVE DISTRICTS. 1 (DRD1.)

8.1 DEVELOPMENT RESERVE DISTRICT 1.1 (DRD1.1)


Existing Dwelling

Any use accessory to an Existing Dwelling

8.1.5 PROVISIONS

.1 Lot Width – minimum As Existing

.2 Lot Area – minimum As Existing

.3 Lot Coverage – Total – minimum 45.0%

.4 Main Building Height – minimum 10.0 m




8.2 DEVELOPMENT RESERVE DISTRICT 1.2 (DRD1.2)


Agricultural Use

Forestry Use

Greenhouse

Market Garden

Nursery

Single Unit Dwelling

Any use legally existing on the date this zoning district came into force

Any use accessory to the preceding uses

8.2.3 PROHIBITIONS

.1 A building or structure is prohibited except for the following purposes:

1. Buildings and structures for the permitted uses.

2. Existing Single Unit Dwelling.

3. One Single Unit Dwelling accessory to an Agricultural Use.

4. One Single Unit Dwelling for the property owner or resident staff as supplementary housing to an Agricultural Use, in addition to an existing dwelling on a farm lot, such farm lot being a lot of record legally created and registered in a registry office for the County of Essex and in existence on or before February 3, 1969 and having a minimum lot area of 19.0 ha.

5. One Single Unit Dwelling on a lot of record legally created and registered in the registry office for the County of Essex and in existence on or before February 3, 1969 or on a lot created after February 3, 1969.



8.2.5 PROVISIONS

.1 On a lot legally created after May 21, 1985 and on Lots of Record with a total lot area not exceeding 0.50 ha, one Single Unit Dwelling:


.2 Lot Area – minimum / maximum 1,860.0 m2 / 5,000.0 m

2






.5 For any other use:


.2 Lot Area – minimum 19.00 ha






SECTION 20 - SPECIFIC ZONING EXCEPTIONS IN CERTAIN AREAS

(1) SITE SPECIFIC PROVISIONS Certain parcels of land on the zoning district maps (ZDM) are delineated by a broken orange line and identified by a zoning district symbol and a paragraph(s) of this subsection. Any parcel so identified shall be considered as being within the zoning district symbol and shall be subject to the provisions of that zoning district, the identified paragraph(s) of this subsection and any other applicable provisions of this by-law. In the event of a conflict between the provisions of this Section and the provisions of the zoning district, the provisions of this Section shall apply. Where an additional main use is permitted under this subsection, any use accessory thereto, not including an outdoor storage yard except where permitted within the zoning district, shall also be permitted subject to the provisions of the zoning district and any other provisions of this by-law applicable to such accessory use.

21. For the lands comprising the south 12.5 metres of Lot 5, Registered Plan 346, situated on the east side of McKay Avenue, south of Riverside Drive West, a duplex dwelling shall be an additional permitted use. (ZDM 3)


S 24/2018 ZNG/5389 Z-003/18 Appendix B Page 1 of 1

APPENDIX B – EXCERPTS FROM THE EDUCATION ACT, R.S.O. 1990, Chapter E.2

(e-Laws currency date is February 16, 2018)

Interpretation, other general matters

1 (1) In this Act and the regulations, except where otherwise provided in the Act or regulations,

“board” means a district school board or a school authority;

“district school board” means,

(a) an English-language public district school board,

(b) an English-language separate district school board,

(c) a French-language public district school board, or

(d) a French-language separate district school board;

“extended day program” means a program operated by a board under section 259 or 259.1;

“private school” means an institution at which instruction is provided at any time between the hours of 9 a.m. and 4 p.m. on any school day for five or more pupils who are of or over compulsory school age in any of the subjects of the elementary or secondary school courses of study and that is not a school as defined in this section;

“school” means,

(a) the body of elementary school pupils or secondary school pupils that is organized as a unit for educational purposes under the jurisdiction of the appropriate board, or

(b) the body of pupils enrolled in any of the elementary or secondary school courses of study in an educational institution operated by the Government of Ontario,

and includes the pupils who are enrolled in extended day programs in the unit or institution, the teachers, designated early childhood educators and other staff members associated with the unit or institution, and the lands and premises used in connection with the unit or institution;

“school authority” means,

(a) a board of a district school area,

(b) a board of a rural separate school,

(c) a board of a combined separate school zone,

(d) a board of a secondary school district established under section 67,

(e) a board established under section 68, or

(f) a board of a Protestant separate school;

“school day” means a day that is within a school year and is not a school holiday;

“school year” means the period prescribed as such by, or approved as such under, the regulations;


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Subject: OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS submitted by The Gathering Windsor Incorporated for the lands located north of Northwood Street, west of South Cameron Boulevard and abutting the north limit of Columbus Drive, municipally known as 2401 Columbus Drive; File Nos. OPA 117 (OPA/5350) and Z-028/17 (ZNG/5349); Ward 10

Reference:

Date to Council: 3/19/2018 Author: Justina Nwaesei, MCIP, RPP Planner II - Development Review 519-255-6543, ext. 6165 [email protected]

Planning & Building Services Report Date: 3/2/2018 Clerk’s File #: ZB/12994 ZO/12998


Recommendation:

I That OPA #117 BE ADOPTED to amend the City of Windsor Official Plan

by adding the following site specific policies:

(1) The property described as Part of Lots 3 to 6, Block D, RegisteredPlan 76, on the north of Northwood Street, west of South CameronBoulevard and abutting the north limit of Columbus Drive, is

designated on Schedule A: Planning Districts and Policy Areas inVolume I – The Primary Plan.

(2) Notwithstanding the Woodland Business Park policy in section 4.7.6.3of the South Cameron Secondary Plan, a “Place of Worship with no

accessory dwelling unit” shall be an additional permitted use on thenon-wooded area of the subject property (to be further described on a

new Reference Plan of survey.)

(3) Land Stewardship Agreement, as stipulated in Volume I: The Primary

Plan, shall be entered into and registered on title for the protection andconservation of natural features and functions or heritage resourceson the subject private property.

Item No. 7.2


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II That an amendment to the Zoning By-law 8600 BE APPROVED to change

the zoning of the non-wooded area of the subject land located north of

Northwood Street, west of South Cameron Boulevard, abutting the north limit of Columbus Drive, and described as Part of Lots 3 to 6, Block D, Registered Plan 76 (to be further described in a new Reference Plan), by

adding a site specific holding zoning provision to allow a “Place of Worship with no accessory dwelling unit” as an additional permitted use within the

existing building; III That an amendment to the Zoning By-law 8600 BE APPROVED to change

the zoning of the wooded area of the subject land located north of Northwood Street, west of South Cameron Boulevard, abutting the north

limit of Columbus Drive, and described as Part of Lots 3 to 6, Block D, Registered Plan 76 (to be further described in a new Reference Plan) from HMD1.4 to HGD1.4;

IV That the holding (‘H’) symbol BE REMOVED when the applicant/owner

submits an application to remove the ‘H’ symbol and the following condition is satisfied:

a. Land Stewardship Agreement/ Conservation Easement registered on title of the subject property, to the satisfaction of the City Solicitor in consultation with the Essex Region Conservation Authority.

V That, in order to prepare the Zoning By-law, appropriate legal description of the non-wooded and wooded areas on the subject land be supplied by the

applicant, in accordance with information shown on the topographic survey attached hereto as Appendix “I”, to the satisfaction of the City Solicitor and

the City Planner in consultation with the Essex Region Conservation Authority.

Executive Summary:

N/A


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Background:

1. KEY MAP


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2. APPLICATION INFORMATION

LOCATION: North of Northwood Street, west of South Cameron Boulevard and abutting the

north limit of Columbus Drive; municipally known as 2401 Columbus Drive. APPLICANT: THE GATHERING WINDSOR INCORPORATED (C/O CINDY GIETZ) AGENT: BEZAIRE PARTNERS (C/O PAUL BEZAIRE)

REGISTERED OWNER: SAME AS APPLICANT

PROPOSAL: The applicant is requesting a site-specific policy to allow a “Place of Worship”

as additional permitted use on lands designated Business Park in the OP Volume I, Woodland Business Park in OP Volume II and described as Part of Lots 3 to 6, Block D, Registered Plan 76. The applicant is also requesting a site-specific amendment to Zoning By-law 8600 to allow a “Place of Worship” as additional permitted use on the subject lands zoned HMD1.4 (Manufacturing District 1.4 with a holding prefix) by By-law 8600. The applicant proposes to use the existing building on the subject land for a Place of Worship. No new building or building addition is proposed. There are no changes proposed to the existing site, except general maintenance (includes resurfacing and restriping) of the existing parking area. SUBMISSIONS BY APPLICANT:

Applications (OPA & ZBA)

Planning Justification Report

Noise Report (Acoustic Assessment Report dated Oct. 13, 2017)

Site Plan

Property deed

3. SITE INFORMATION

OFFICIAL PLAN ZONING & ZDM

CURRENT USE(S)

(AT TIME OF SUBMISSION, JULY 25, 2017)

PREVIOUS

USE(S)

Secondary Plan Designation: Woodland Business Park - Schedule SC-1: Development Concept, South Cameron Planning District

Primary Plan Designation: Business Park -Schedule D: Land Use

Manufacturing District 1.4 with a

holding prefix (HMD1.4); ZDM8

*Banquet Hall and members’ Lounge for

South Windsor Knights of Columbus. Surface parking area & outdoor

sand volleyball pits.

N/A

[The property was developed for use as a Banquet Hall for the

Club (Knights of Columbus)]

FRONTAGE DEPTH AREA SHAPE

158.91 m (521.38 ft) 177.88 m (580.52 ft) 2.508 ha (6.198 ac) Trapezoid

Note: All measurements are approximate

*List of the existing uses according to information on application form. However, the property was recently sold to The Gathering Windsor and the Banquet Hall use has ceased. The existing lease for the use of the sand volleyb all courts by a separate recreation club continues.


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4. REZONING MAP


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5. NEIGHBOURHOOD CHARACTERISTICS

NEIGHBOURHOOD MAP


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SURROUNDING LAND USES North side of subject land contains industrial uses

Tool & Die Plant at 2265 South Cameron Boulevard

Truck Body Repair shop at 2335 South Cameron Boulevard

Northwest side of subject land contains industrial land and residential uses

Vacant industrial land

Low profile residential uses, predominantly single unit dwellings

East side of the subject land contains industrial uses and undeveloped industrial lands

Warehouse use at 2385 South Cameron Boulevard

Bell Tele Centre at 2395 South Cameron Boulevard

Outdoor storage facility north of the Bell Tele Centre

Vacant industrial lands

South Cameron Boulevard public right-of-way

Rail yard on east side of South Cameron Boulevard R.O.W.

West Side of the subject land contains undeveloped industrial and residential lands, institutional use and club use

Vacant industrial land fronting on Northwood Street

Northwood Street public right-of-way

Vacant Residential lands on the west side of Northwood Street

Primary school known as Maranatha Christian Academy, at 885 and 939 Northwood Street on

lands zoned residential and institutional, respectively

Club known as Filipino Community Centre, at 935 Northwood Street on land zoned institutional

South side of subject land contains undeveloped industrial lands and institutional use

Vacant industrial lands owned by South Windsor Properties Inc. Trustees

Columbus Drive public right-of-way abuts the subject land and Northwood Street R.O.W.

Northwood Street public right-of-way

Institutional use (secondary school) known as Ecole Secondaire Catholique E.J. Lajeunesse on lands zoned Institutional, at 600 E. C. Row Ave. W., south side of Northwood Street

The layout, shapes and sizes of land parcels, plus the variety of uses (industrial, institutional, residential, club and vacant lands) within the immediate area, suggest that the subject area is in transition. There is no consistent characteristic for the existing developments in the area. Site photos taken on February 28, 2018 and attached to this report as Appendix A, show some of the surrounding land uses and the character of the subject neighbourhood. MUNICIPAL INFRASTRUCTURE

The City’s records show that the subject land may be serviced by 300mm diameter concrete pipe storm sewer on Columbus Drive, emptying into a 300mm diameter concrete pipe storm sewer on Northwood Street. There is also a 250mm diameter PVC pipe sanitary sewer on Columbus Drive, emptying into a 300mm PVC pipe sanitary sewer on Northwood Street.

There is municipal watermain along the rear portion of the subject property and is protected by an existing easement.

There are fire hydrants in close proximity to the subject land.

The subject area has street lights, but there is no curb & gutter.

Columbus Drive is a local Road and Northwood Street is a Class II Collector Road.

Northbound and Southbound Transit Windsor Buses are available on Dougall Avenue within 400m (5 minutes walking distance) of the subject land and on Dominion Boulevard within 700m (less than 10minutes walking distance).


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Discussion:

1. PLANNING ACT The comments, submissions or advice affecting a planning matter provided by the council of a municipality, as well as the decision of the council of a municipality shall be consistent with the Provincial Policy Statement 2014 (PPS 2014) and shall conform with the provincial plans that are in effect on that date, or shall not conflict with them.

2. PROVINCIAL POLICY STATEMENT (PPS) 2014 The recommended amendments to the Official Plan and Zoning By-law 8600 complement the existing development pattern in the immediate area and promote an efficient use of existing services and infrastructure. The recommended amendments will result in the placement of an institutional use (Place of Worship) within the existing banquette hall building on the subject site. The amendment will create a change in land use, which is defined as a development in Part V, section 6 (Definitions) of PPS 2014, but does not meet the Planning Act definition of a development in section 41(1) of the Act. The proposed Place of Worship contributes to the building of a strong healthy community per policy 1.1.1 (b) of PPS 2014. The existing building provides protection from rail yard noise and other noise pollutions for the residential developments on the northwest and west side of the subject land. Further noise protection is achieved with the existing 2-storey tall noise wall on the east limit of the residential developments. The 70m - 82m wide woodlot on the west side of the existing banquette hall building, plus the 20m wide Northwood Street R.O.W., provide reasonable separation and buffer between the proposed church use and the residential developments west and northwest of the subject land. The land use compatibility requirement, policy 1.2.6 of PPS 2014, is satisfied by the subject amendments. The proposed Place of Worship on the subject land creates an appropriate mix of institutional uses in the subject area, per policy 1.3.1 (a) [employment lands policy] of PPS 2014. There are already a few schools within the surrounding area. The requirements of 2.1.1 of the PPS 2014 regarding the protection and preservation of existing woodlot on the subject land have been addressed by the recommendations for a stewardship agreement / conservation easement as a condition of approval of the subject amendments. For the above reasons, I believe the proposed institutional use (Place of Worship) is an appropriate re-use of the subject site and the recommended amendments (OPA and ZBA) are consistent with the Provincial Policy Statement 2014.

3. OFFICIAL PLAN (OP)

The subject land is designated Business Park in the land use schedule of the Official Plan Vol. 1 and also designated Woodland Business Park in the Development Concept Schedule of South Cameron Secondary Plan, OP Vol. II. The proposed Place of Worship is not listed as a permitted use or permitted ancillary use in these land use designations. See Appendix B – Excerpts from the Official Plan.

The following South Cameron Secondary Plan goals, objectives and policies have been considered in the evaluation of the proposed amendments to the Official Plan and Zoning By-law: s.4.5.1, s.4.5.2, s.4.5.3, s.4.5.5, s.4.6.1, s.4.6.2 and s.4.7.6.


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The amendments will facilitate the re-use of the existing building for a place of worship, which is an efficient use of existing resources, services and infrastructure and satisfies the “Efficient Land Use” goal (s.4.5.1) of OP Vol. II.

The proposed re-use of the existing building with no site alteration, except the resurfacing and restriping of existing parking area meets the goal of sensitively integrating developments with natural area and features (s.4.5.2, OP Vol. II).

This report contains recommendations aimed at conserving natural vegetation and topography, which satisfies the goal to “Conserve Natural Area” (s.4.5.3) and the “Conservation” objective (s.4.6.1) of OP Vol. II.

The “Noise Protection” goal (s.4.5.5) and “Noise Pollution” objective of the South Cameron Secondary Plan have been addressed in this report. There is a requirement for a Development Agreement as a condition of approval of the rezoning application. However, this application does not result in a “development” as defined by the Planning Act; therefore, a Development Agreement is not appropriate at this time. The noise attenuation measures and other noise control measures recommended in the Noise Impact Study (Acoustic Assessment Report dated October 13, 2018) shall be addressed at a later date when a development occurs on the subject land.

The intent of the South Cameron Secondary Plan is to protect the wooded areas and specific trees without restricting the growth and operation of the existing business park facilities (s. 4.7.6, OP Vol. II.) The Stewardship Agreement/ Conservation easement recommended in this report is the appropriate tool for the protection of the woodlot on the subject land.

The following policies of OP Vol. I (The Primary Plan) have been considered in the evaluation of the proposed amendments to the Official Plan and Zoning By-law: s.5.3.4.6, s.6.4.4.4, s.7.2.8.9, s.11.6.3.1 and s.11.6.3.3. Section 5.3.4.6 of OP Vol. I requires that an Environmental Evaluation Report be completed for development proposals within an Environmental Policy Area (EPA) A or B. The subject land is within an EPA B. The requirement for an EER is deemed satisfied by a Stewardship Agreement / Conservation Easement as recommended in this report. For further protection of the EPA, the woodlot shall be reserved for open space use and appropriate zoning provision is recommended. Note that “Open Space” is a permitted ancillary use in the Business Park, OP. Vol. I and is also permitted in the Woodland Business Park, OP Vol. II. The fact that the subject land is within/ adjacent to an Environment Policy Area B is by itself a development constraint on the property. The natural heritage features (woodlot) on the subject land make any major employment activity less viable on the land. These circumstances further support the use of the subject land for institutional use as proposed. Section 6.4.4.4 (Evaluation Criteria – Business Park Policies) of OP Vol. 1 requires that at the time of submission, the proponent shall demonstrate to the satisfaction of the Municipality that a proposed business park development meets the evaluation criteria. Accordingly, the proponent’s Planner has submitted a Planning Rationale Report demonstrating that the proposed development is feasible within the subject area and the implementation of a stewardship agreement would be required. The proposed new development is in keeping with most of the relevant goals, objectives and policies of the South Cameron Secondary Plan and will be in full conformity with the OP upon the coming into effect of OPA 117.


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The subject land is capable of being provided with full municipal physical services and emergency services and Municipal records suggest the lands are already serviced. The recommended additional use will be contained within the existing building; therefore, compatibility with the surrounding area in terms of scale, massing, height, siting, orientation, setbacks, parking and landscaped areas is maintained.

Parking information provided by the applicant confirms that there is adequate onsite parking on the subject land. See Appendix I, attached to this report.

Section 7.2.8.9 of OP Vol. I (Development Adjacent to a Rail Yard) states that “new residential development and other new sensitive land uses, which require rezoning (exclusive of zoning by-law consolidation), plan of subdivision or plan of condominium are not permitted within 300 metres of a designated Rail Yard”. The subject land is within 300 metres of a designated Rail Yard. The applicant submitted an Acoustic Assessment Report (noise impact study) dated October 13, 2018 and prepared by a qualified professional. The Acoustic Assessment Report indicates that under NPC-300, Places of Worship which are located in commercial or industrial zones are not considered to be a sensitive land use.

Consequently, section 7.2.8.9 of the OP Vol. I is not applicable to the subject amendments, particularly, since the proposed church has no sleeping quarters. It should also be noted that VIA Rail, Detroit River Tunnel Partnership (DRTP), Canadian Pacific Railway (CP) and Essex Terminal Railway (ETR) were consulted during the liaison stage (consultation process) for these amendments. No response was received, except from VIA Rail. VIA’s email response states that they do not operate in the vicinity. Section 11.6.3.1 (Zoning By-law Amendment Policy) of the OP states that “All amendments to the Zoning By-law(s) shall conform with this Plan. The Municipality will, on each occasion of approval of a change to the zoning by-law(s), specify that conformity with the Official Plan is maintained or that the change will be in conformity upon the coming into effect of an amendment to the Official Plan”. The recommended zoning by-law amendment will be in conformity with the Official Plan upon the coming into effect of OPA 117.

4. ZONING

The subject land is zoned Manufacturing District 1.4 with a holding prefix (HMD1.4) by By-law 8600 as shown in the Rezoning Map contained in this report. Appendix C, attached to this report, contains Excerpts from Zoning By-law 8600. The MD1.4 zoning category permits some Industrial uses; Business, financial and medical offices; Professional studios; Scientific, medical, optical or dental laboratory; Research facility; Commercial school; School. The MD1.4 also permits the following as ancillary uses: Day nursery; food convenience store; gas bar; personal service shop; restaurant;

take-out food outlet; ambulance services; drive-through food outlet; drive-through restaurant; veterinary office or clinic; warehouse; wholesale store. In addition, the following existing uses are permitted in the MD1.4 zoning district: Athletic or sports facility; automobile repair garage; club; health studio; motor vehicle dealership. The following is the definition of a “Place of Worship” by By-law 8600:

“PLACE OF WORSHIP means a building, including but not limited to a chapel, church, gurdwara, longhouse, mandir, mosque, synagogue and temple, used for religious worship and related religious, social and charitable activities, and may include as an


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accessory use within the place of worship, a hall, auditorium, office of a faith leader, or a dwelling unit for a faith leader. A church or church hall is a place of worship.”

A dwelling unit for a faith leader is included in the list of permitted accessory uses to a Place of Worship. However, a dwelling unit is a sensitive land use and would be adversely impacted by noise from the rail yard and adjacent industrial uses. The OP does not permit a new residential use within 300m of a designated rail yard. In order to fulfill the OP policies, the recommendation is to exclude a dwelling unit from the list of permitted accessory uses on the subject land. To further protect the wooded area on the subject land, it is also recommended that the site-specific zoning provision allowing a “Place of Worship with no accessory dwelling unit” be permitted on the non-wooded area of the property only and the zoning of the wooded area be changed from HMD1.4 to HGD1.4; that is, from Manufacturing District 1.4 with holding prefix to Green District 1.4 with a holding prefix. The GD1.4 is an open space use that permits Natural Heritage Area and any use accessory to the Natural Heritage Area, but prohibits buildings or structures not accessory to the Natural Heritage Area. Parking requirement for a Church (including a Church Hall) is 1 for each 5.5 m² GFA uses as a church, chapel or sanctuary AND 1 for each 36 m² GFA not used as a church, chapel or sanctuary. The existing building is one-storey in height and has a gross floor area of 12,660 sq. ft. (1,176.15m2). According to the information provided in Appendix I, attached, the total required parking is 87 parking spaces and 109 parking spaces (including 4 barrier-free parking) are provided within the existing paved parking lot. Therefore, there is adequate onsite parking. However, the applicant is, hereby, advised that a site plan approval would be required for any future proposal to pave and drain the existing gravelled parking lots on the subject land. A holding provision is recommended as a condition of approval of the Zoning By-law amendment. The holding symbol shall be removed when the applicant/owner submits an application to remove the ‘H’ symbol and the stipulated conditions are satisfied. The recommended zoning by-law amendment will maintain conformity with the Official Plan upon the coming into effect of an amendment to the Official Plan (OPA 117) and the fulfillment of the conditions for H-removal on the subject land.

5. SITE PLAN

The proposed amendments do NOT result in a “development” as defined in section 41(1) of the Planning Act and also defined in the City of Windsor Site Plan Control By-law 1-2004. Therefore, the applicant is NOT required to submit an application for Site Plan Approval.

6. ISSUES TO BE RESOLVED N/A

7. ALTERNATIVES FOR CONSIDERATION

N/A

8. ACOUSTIC ASSESSMENT REPORT [Dated Oct.13, 2017, by Akoustik Eng. Ltd.] Results of the Noise Impact Assessment: According to the Akoustic Engineering Limited, the measured and predicted noise levels from the identified roads and the Canadian National Railway exceed the limits set by the Ontario Ministry of the Environment and Climate Change and its document NPC-300.


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Recommended mitigation measures: Akoustic Engineering recommends the installation of forced air ducting to accommodate the future installation of air conditioning as well as the implementation of the specified warning clauses, including the detailed railway warning clause. Implementation strategy: Akoustic Engineering Limited requires that any necessary warning clauses be implemented in all development agreements, offers to Purchase, and agreements of Purchase or Sale or Lease for the subject land and building. The in-house Noise Assessment Expert goes further to suggest that some type of development agreement should be required, which includes provisions to implement the recommendations contained within the noise study, including the installation of all recommended noise control measures and warning clauses. Conclusion: The proposed new use of the property does not trigger a site plan approval nor does it require any new municipal services. Hence, there is no available appropriate tool to address the above implementation strategy. Therefore, the implementation strategy shall be considered at a future date when a development is proposed for the subject property.

Risk Analysis:

The adjacent woodlot is classified an “Environmental Policy Area B” in the OP and preservation of the woodlot is a requirement by the Official Plan and PPS 2014. From the municipality’s perspective, the potential risk factors are damage to adjacent Woodlot and wildlife within the area. The recommended open space use and stewardship agreement/ conservation easement will accomplish the desired protection and preservation of the existing woodlot and wildlife within the subject land.

Financial Matters:

MPAC confirmed that the entire parcel will be Exempt from taxation. The tax class information has not been provided yet. It should be noted that the 2018 Assessment Value for the subject property is $993,000. The 2018 estimated tax revenue loss is $18,300 (includes both the municipal and education

portions). The municipal estimated portion would amount to $16,500.

Consultations:

1. DEPARTMENT AND AGENCIES Comments from the municipal departments and external agencies are attached as Appendix D

to this report. There are no objections to the proposed amendments. The Essex Region Conservation Authority (ERCA) recommends that the applications be approved subject to the condition of establishment of a stewardship agreement/ conservation easement being registered on title of the property, to the satisfaction of the City of Windsor in consultation with the Essex Region Conservation Authority. ERCA also recommends that “no further Environmental Impact Assessment (EIA) or demonstration of no impact would be required beyond the provision of the Stewardship agreement/conservation agreement in order to satisfy the requirements of the PPS”. The City’s Landscape Architect requires that the standard Parkland Dedication of 5% be


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collected at this time, if not already collected. This requirement is not appropriate at this time because the Planning Act is the authority behind the Parkland conveyance and this amendment is not a “development, per section 41(1) of the Planning. Our in-house Noise Assessment Expert reviewed the Acoustic Assessment Report prepared by Akoustic Engineering Limited, dated October 13, 2017, and states as follow:

That the recommended noise attenuation measures are satisfactory.

That, in order to protect the proposed use from noise generated by road and rail noise, some type of development agreement should be required, which includes provisions to implement the recommendations contained within this study, including the installation of all recommended noise control measures and warning clauses.

Development agreement is not appropriate for this amendment. The required mitigation measures would be reconsidered for implementation at such time in the future when a development (as defined by the Planning Act) occurs on the subject land.

2. PUBLIC NOTICE The official notice was advertised on February 23, 2018 in the Windsor Star Newspaper as mandated by the Planning Act. Courtesy notice will be mailed to all properties within 120m (400 feet) of the subject parcel, prior to the Planning Heritage and Economic Development Standing Committee (PHEDSC) meeting.

Conclusion:

PLANNER’S OPINION AND CONCLUSIONS Places of Worship which are located in commercial or industrial zones are not considered to be

a sensitive land use, but a dwelling unit, which is a permitted accessory use within a place of worship, is a sensitive land use. Due to the proximity of the subject site to a rail yard (within 300m of a rail yard), a “Place of Worship with no accessory dwelling unit” is recommended for approval as a permitted use within the existing building on the subject land. The recommended institutional use (Place of Worship with no accessory dwelling unit) is an appropriate re-use of the subject land and existing building and is compatible with existing and permitted uses in the surrounding neighbourhood. The recommendation for open space use on the wooded area of the subject land is meant to protect the woodlot and wildlife in the subject area by limiting the institutional use to the non-wooded area of the subject land. In addition, a Stewardship Agreement/Conservation Easement is recommended as a condition of approval for this zoning by-law amendment. Accordingly, a holding provision is recommended for the approval of the zoning amendment. The recommended site specific policy amendment to the Official Plan and site specific zoning amendment complement the existing development pattern in the immediate area and promote an efficient use of existing services and infrastructure. The recommended amendments to the Official Plan and Zoning By-law are consistent with the Provincial Policy Statement 2014. The recommended Zoning By-law Amendment will maintain conformity with the Official Plan upon the coming into effect of OPA 117. The OP & ZB amendments constitute good planning.


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I concur with the above comments and opinion of the Registered Professional Planner. Michael Cooke, MCIP, RPP

Manager, Planning Policy Thom Hunt, MCIP, RPP

City Planner

I am not a registered Planner and have reviewed as a Corporate Team Leader SAH, City Solicitor

OC, Chief Administrative Officer

Approvals: Name Title Michael Cooke, MCIP, RPP Manager, Planning Policy

Thom Hunt, MCIP, RPP City Planner




Notifications: Name Address Email Abutting property owners, tenants/occupants within 120 meter (400 feet) radius of the subject land

Registered Owner/Applicant: The Gathering Windsor Incorporated, c/o Cindy Gietz

1821 Provincial Road, Windsor Ontario N8W 5V7

[email protected]

Agent: Bezaire Partners, c/o Paul

Bezaire

3514 Walker Road Unit 1A,

Windsor Ontario N8W 3S4

[email protected]

Councillor Paul Borrelli 350 City Hall Square West 3rd Floor, Windsor, ON N9A 6S1

[email protected]

Appendices:

1 Appendix A - Site Photos (taken on February 28, 2018) 2 Appendix B - Excerpts from the Official Plan 3 Appendix C - Excerpts from Zoning By-law 8600 4 Appendix D - Consultations 5 Appendix E - Existing Site Plan 6 Appendix F - Draft Amendment No. 117 to the OP 7 Appendix G - Draft By-law 8 Appendix H – Topographic Survey 9 Appendix I – Additional Information, Bldg Area & Required parking


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APPENDIX A – Site Photos (Pictures taken on Monday, February 28, 2018)

Picture of the existing building, parking and woodlot on the subject land

Picture of front/main entrance of the existing building on the subject land


of 3

Rear/Side View of the banquet hall bldg & accessory structures View of the north gravel parking lot

Partial side view of banquet hall, volleyball court & woodlot View of volleyball court at the rear & woodlot on the west side

View of westerly woodlot on subject land from the rear yard View of westerly woodlot on subject land from the front yard


of 3

View of Columbus Dr. Access, bldg & parking on subject site AND View of abutting industrial bldg on the east side

View of institutional bldg (E. J. Lajeunesse H.S.) south of Northwood St., as seen from the subject land

Views of the residential developments west of the subject site AND the existing 2-storey Noise Barrier Wall


APPENDIX B – EXCERPTS FROM THE OFFICIAL PLAN

Page 1 of 10

OP Volume I – Secondary Plans & Special Policy Areas

4. South Cameron Planning Area

4.0 Preamble

The South Cameron Planning District secondary plan should be read in conjunction with the

goals, objectives and policies of Volume I: The Primary Plan insofar as they are not in conflict

with the more specific goals, objectives and policies of this secondary plan. In the event of a

conflict, the goals, objectives and policies as set out herein shall take precedence.

4.5 Goals

Based on the background analysis and input received at the public meetings, the following

development goals are established.

EFFICIENT LAND

USE 4.5.1 Promote land use patterns, residential densities and building

forms that make efficient use of existing resources, services and

infrastructure.

INTEGRATE

DEVELOPMENT

WITH NATURAL

AREAS

4.5.2 Sensitively integrate development with natural areas and

features.

CONSERVE

NATURAL AREAS 4.5.3 Conserve existing natural vegetation and topographic features

to the maximum extent where development is permitted.

PUBLIC ACCESS 4.5.4 Provide opportunities for public access to significant

environmental areas and active and passive recreation facilities.

NOISE

PROTECTION 4.5.5 Facilitate noise reduction in development and protect residents

from unacceptable levels of noise.

ROAD NETWORK 4.5.6 Develop an appropriate road network with minimum impact on

the natural and built environment.

LAND

CONSOLIDATION 4.5.7 Encourage land consolidation for development.

COMPATIBLE

SCALE & USE 4.5.8 Provide for a pattern of development in keeping with the scale

and use of existing development in this district.

PARKLAND

SYSTEM 4.5.9 Develop a parkland system convenient to local residents.

NATURAL &

CULTURAL

HERITAGE

4.5.10 Protect and preserve both the natural and cultural heritage

resources for the benefit of the community.



Page 2 of 10

4.6 Objectives

Based on the background analysis and input received at the public meetings, the following

development objectives are established.

CONSERVATION 4.6.1 Conserve the wooded areas as much as possible within the

district, including the retention of the largest of natural area in

the core of the area.

MEDIUM/HIGH

PROFILE USES 4.6.2 Locate medium/high profile residential uses adjacent to

commercial areas.

LAND

CONSOLIDATION

4.6.3 Include policies to encourage land consolidation.

COMMERCIAL

USES 4.6.4 Provide for commercial uses along the arterial and collector road

frontages with consideration of local nodes near medium/high

profile residential areas.

ROAD

HIERARCHY 4.6.5 Establish a road hierarchy to minimize through traffic in

residential areas.

DOMINION

BOULEVARD

4.6.6 Reduce traffic on Dominion Boulevard.

EAST-WEST

COLLECTOR 4.6.7 Provide an east/west collector road for easy access and a link

between Huron Church Road and South Cameron Boulevard.

NOISE

POLLUTION 4.6.8 Reduce noise pollution from railway tracks and highways by

utilizing minimally obtrusive features.

STORMWATER

MANAGEMENT

FACILITIES

4.6.9 Design stormwater management facilities to integrate with the

open space system.

PHASING &

IMPLEMENTATION 4.6.10 Develop a phasing and implementation program which reflects

the most cost-effective municipal capital expenditures.

4.7.5 Business Park

The Business Park policies are intended to limit these activities to the periphery of the district

(i.e. along South Cameron Boulevard and Huron Church Road) as designated on Schedule SC-1.

Due to noise from the railway tracks located east of South Cameron Boulevard, a low traffic

generating light industrial/commercial buffer zone along the west side of South Cameron

Boulevard is proposed.



Page 3 of 10

SOUTH

CAMERON

BUSINESS PARK

4.7.5.1 Approximately 300 metres of land parallel to South Cameron

Boulevard is designated as Business Park on Schedule SC-1.

Uses permitted shall be relatively low traffic generators, capable

of not causing noise beyond the level of ordinary conversation at

the boundaries of the lot or any vibration, odours, or any

pollutants beyond the boundaries of the lot. Uses shall not be

permitted under the general provisions of the by-law and each

application will be evaluated on its merits, subject to the criteria

in this subsection. The buildings on these lands shall be

designed and sited to act as a continuous barrier to provide

protection from noise pollution for residential areas situated west

of these lands.

HURON CHURCH

BUSINESS PARK 4.7.5.2 Areas lying between Huron Church Road and Daytona south of

Quebec are designated Business Park on Schedule SC-1 and

shall be subject to the policies contained within Volume I: The

Primary Plan and the special policy area provisions of this

Volume (refer to Chapter 1).

SITE PLAN

CONTROL 4.7.5.3 All Business Park development shall be subject to site plan

control.

4.7.6 Woodland Business Park

One area designated as Environmental Policy Area B on Schedule C: Development Constraint

Areas in Volume I: The Primary Plan is designated as Woodland Business Park on Schedule SC-

1 of this secondary plan.

The Environmental Policy Area while important, is peripheral to the planning district and near

major business park development. The intent of this secondary plan is to protect the wooded

areas and specific trees without restricting the growth and operation of the existing business park

facilities.

SITE PLAN

CONTROL 4.7.6.1 Areas designated as Woodland Business Park on Schedule SC-1

shall be subject to site plan control.

STEWARDSHIP

AGREEMENT 4.7.6.2 A stewardship agreement may be entered into as set out in

Volume I: The Primary Plan. If the agreement is in force at the

time of a building permit application, a site plan control

agreement may not be required.

EXPANSION 4.7.6.3 Existing uses may be expanded, subject to any requirements of

the Ministry of the Environment, however new uses shall be

subject to the policy set out in Subsection 4.7.5.1.

LANDSCAPE

PLANS 4.7.6.4 Policy 4.7.2.3 applies to Woodland Business Park areas.

Alternatively, landscape plans may be considered as part of a

stewardship agreement.



Page 4 of 10

OP Volume I – The Primary Plan

5.3.4 Environmental Policy Area Policies

ENVIRONMENT

AL POLICY

AREA

DEFINITION

5.3.4.1 For the purpose of this Plan, an Environmental Policy Area (EPA)

is an environmentally significant and/or sensitive natural area

which may be able to tolerate appropriately designed

development. Environmental Policy Areas are further classified

as follows:

(a) Environmental Policy Area A may be partially developed

provided that the development conserves the significant

natural features and/or functions; and

(b) Environmental Policy Area B may be developed provided

the significant natural features are incorporated as a part

of the development.

EPA A LAND USE

DESIGNATION

5.3.4.2 Council shall evaluate development proposals within the

developable portion of an Environmental Policy Area A

according to the other provisions of this chapter and the land use

designation(s) of the site on Schedule D: Land Use.

EPA B LAND USE

DESIGNATION

5.3.4.3 Council shall evaluate development proposals within an

Environmental Policy Area B according to the other provisions of

this chapter and the land use designation(s) of the site on

Schedule D: Land Use.

NATURAL

HERITAGE 5.3.4.5 Council may amend this Plan to redesignate an Environmental

Policy Area A or B to Natural Heritage in accordance with the

provisions of section 6.8 of this Plan.

DEVELOPMEN

T PROPOSALS

WITHIN AN

EPA A OR B

5.3.4.6 Proponents of development or infrastructure undertakings within

an Environmental Policy Area A or B shall be required to

complete an Environmental Evaluation Report or other suitable

study to the satisfaction of the Municipality in accordance with

the Procedures chapter of this Plan.

ADJACENT

LANDS 5.3.4.7 The Municipality may require proponents of development on

lands adjacent to an Environmental Policy Area A or B to

complete an Environmental Evaluation Report or other suitable

study to the satisfaction of the Municipality in accordance with

the Procedures chapter of this Plan. The identification of adjacent

lands subject to this requirement will be determined by the

Municipality on a site-specific basis, with regard to provincial

legislation, policies and appropriate guidelines, and in accordance

with policy 10.2.5.4 of this Plan.



Page 5 of 10

INCREASE

AWARENESS 5.3.4.8 Council, in cooperation with other public agencies, will make the

public aware of the value and significance of lands designated as

Environmental Policy Areas and Natural Heritage through

educational programmes, outreach activities and stewardship.

6.4.4 Business Park Policies

The Business Park land use designation provides for business and industrial uses of a similar

quality and character to locate together in highly visible areas according to a comprehensive

development plan.

PERMITTED

USES 6.4.4.1 Uses permitted in the Business Park land use designation include:

(a) establishments devoted to research, development and

information processing, business (deleted by OPA 58, 24 07 2006)

offices, business (deleted by OPA 58, 24 07 2006) services, industrial

research and/or training facilities, communication,

production uses, printing and publishing; and

(b) selected industrial uses which:

(i) do not create nuisances such as noise, dust,

vibration or odour;

(ii) confine industrial operations within a building

and/or structure; and

(iii) do not require outside storage.

ANCILLARY

USES 6.4.4.2 In addition to the uses permitted above, Council may permit the

following ancillary uses in areas designated Business Park on

Schedule D: Land Use without requiring an amendment to this

Plan:

(a) Open Space uses;

(b)

convenience stores, gas bars, service stations, personal

services, restaurants, warehouse, (added by OPA 58, 24 07 2006)

wholesale store (added by OPA 58, 24 07 2006) and financial

institutions which, by their size are designed to serve the

employees in the Business Park and which have access to

an Arterial or Collector road;

(c)

hotels or motels, provided that they meet all of the

following criteria: (amended by OPA #22 – 07/16/02)

(i) they are located adjacent to a Controlled Access

Highway, Class I or Class II Arterial Road or Class I

Collector Road;



Page 6 of 10

(ii) they are located at, or near, the periphery of a

Business Park;

(iii) the proponent demonstrates to the satisfaction of the

Municipality that any market impacts on other

commercial areas is acceptable (see Procedures

chapter); and

(iv) the evaluation criteria established in policy 6.5.3.7.

(d) retail sale of goods produced on-site by a permitted use

provided that such retail space does not exceed 20% of the

gross floor area of the main use. This limitation may be

reduced or eliminated by Council having given

consideration to the following:

(i)

the evaluation criteria established in policy 6.5.3.7;

and

(ii)

the proponent demonstrates to the satisfaction of the

Municipality that any market impacts on other

commercial areas is acceptable (see Procedures

chapter).

(e) adult entertainment parlours provided that:

(i) such uses are a minimum of 150 metres from lands

used or zoned for residential, institutional or open

space purposes; and

(ii) the evaluation criteria established in policy 6.5.3.7

are satisfied, with the exception of the requirement

that the proponent demonstrate that market impacts

on other commercial areas is acceptable.

(f) Clubs, health studios. (amended by OPA #22 – 07/16/02)

LOCATIONAL

CRITERIA 6.4.4.3 Business Park development shall be located where:

(a) the business park use can be sufficiently separated and/or

buffered from sensitive land uses;

(b) the site will be accessible and highly visible from

Controlled Access Highway or a Class I or Class II Arterial

Road;

(c)

full municipal physical services can be provided;



Page 7 of 10

(d)

business park related traffic can be directed away from

residential areas;

(e) public transportation service can be provided; and

(f) there is access to designated truck routes.

EVALUATION

CRITERIA 6.4.4.4 At the time of submission, the proponent shall demonstrate to the

satisfaction of the Municipality that a proposed business park

development is:

(a) feasible having regard to the other provisions of this Plan,

provincial legislation, policies and appropriate guidelines

and support studies for uses:

(i) within or adjacent to any area identified on Schedule

C: Development Constraint Areas and described in

the Environment chapter of this Plan;

(ii) adjacent to sources of nuisance, such as noise,

odour, vibration and dust;

(iii) within a site of potential or known contamination;

(iv) where traffic generation and distribution is a

provincial or municipal concern; and

(v) adjacent to sensitive land uses and/or heritage

resources.

(b) in keeping with the goals, objectives and policies of any

secondary plan or guideline plan affecting the surrounding

area;

(c) capable of being provided with full municipal physical

services and emergency services;

(d) provided with adequate off-street parking; and

(e) compatible with the surrounding area in terms of scale,

massing, height, siting, orientation, setbacks, parking and

landscaped areas.

DESIGN

GUIDELINES 6.4.4.5 The following guidelines shall be considered when evaluating

the proposed design of a Business Park development:

(a) the ability to achieve the associated policies as outlined in

the Urban Design chapter of this Plan;



Page 8 of 10

(b) the massing and scale of buildings, and the extent to which

their orientation, form and siting help to enhance the well

landscaped setting of the business park;

(c) the provision of functional and attractive signage;

(d) the provision of appropriate landscaping or other buffers to

enhance:

(i) all parking lots, and outdoor loading and service

areas; and

(ii) the separation between the use and adjacent

sensitive uses, where appropriate;

(e) motorized vehicle access is oriented in such a manner that

business park related traffic will be discouraged from using

Local Roads where other options are available;

(f) loading bays and service areas are located to avoid conflict

between pedestrian circulation, service vehicles and

movement along the public right-of-way;

(g) pedestrian and cycling access is accommodated in a

manner which is distinguishable from the access provided

to motorized vehicles and is safe and convenient; and

(h) the design of the development encourages and/or

accommodates public transportation services.

(i) The design of the development encourages the retention

and integration of existing woodlots, vegetation and

drainage corridors where feasible to provide amenity areas

for employees and to enhance the visual appearance of

business parks in Windsor. (added by OPA #60–05/07/07-B/L85-2007–

OMB Decision/Order No.2667, 10/05/2007)

7.2.8 Rail Transportation Policies

ECONOMIC

BENEFITS 7.2.8.1 Council shall maximize the economic development potential provided by

rail transportation by promoting the development of Employment uses,

including multi-modal facilities, at appropriate locations within Windsor.

DEVELOPMENT

ADJACENT TO A

RAIL YARD

7.2.8.9 Council shall protect designated rail yards from incompatible

development. Accordingly, development adjacent to a Rail Yard

designated on Schedule C: Development Constraint Areas will be subject

to the following:

(a) New residential development and other new sensitive land uses,

which require a rezoning (exclusive of a zoning by-law



Page 9 of 10

consolidation), plan of subdivision or plan of condominium are

not permitted within 300 metres of a designated Rail Yard;

(b) All proponents of new residential development and other new

sensitive land uses, located between 300 and 1000 metres of a

designated Rail Yard (exclusive of the George Avenue Rail Yard

unless required by the City), which require a rezoning (exclusive

of a zoning by-law consolidation), plan of subdivision or plan of

condominium shall complete a noise study to support the

proposal, an, if the need for mitigation measures is determined by

this study, shall identify and recommend appropriate mitigation

measures, in accordance with the procedural policies in this

Official Plan;

(c) All proponents of new development within 75 metres of a

designated Rail Yard shall complete a vibration study to support

the proposal, and, if the need for mitigation measures is

determined by the study, shall identify and recommend

appropriate mitigation measures, in accordance with the

procedural policies in this Official Plan;

(d) All proponents of new residential development and other sensitive

land uses, within 1000 metres of a designated Rail Yard, which

requires a rezoning (exclusive of a zoning by-law consolidation),

plan of subdivision or plan of condominium will consult with the

appropriate railway company prior to the finalization of any noise

and/or vibration abatement study required y this Official Plan; and

(e) All proponents of new development abutting a rail yard, which

require a rezoning (exclusive of a zoning by-law consolidation),

plan of subdivisions, plan of condominium or site plan approval,

shall incorporate appropriate safety measures such as setbacks,

berms and security fencing to the satisfaction of the Municipality,

in consultation with the relevant public agency and the

appropriate railway company.

SAFETY

MEASURES

7.2.8.10 All proposed development adjacent to a railway right-of-way or rail yard

shall be required to incorporate appropriate safety measures such as

setbacks, berms and security fencing to the satisfaction of the

Municipality in consultation with relevant public agencies and the

appropriate railway company.

CONSULT

RAILWAYS

7.2.8.11 All proponents of development within 500 metres of a railway right-of-

way are encouraged to consult with the appropriate railway company

prior to the finalization of any noise and vibration abatement study or

development proposal.



Page 10 of 10

11.6.3 Zoning By-law Amendment Policies

AMENDMENTS

MUST CONFORM 11.6.3.1 All amendments to the Zoning By-law(s) shall conform with this Plan.

The Municipality will, on each occasion of approval of a change to the

zoning by-law(s), specify that conformity with the Official Plan is

maintained or that the change will be in conformity upon the coming into

effect of an amendment to the Official Plan.

REVIEW

PROCEDURE 11.6.3.2 All applications for Zoning By-law amendments shall be processed in

accordance with the provisions of the Planning Act, and regulations

pursuant thereto, and the procedural requirements of this Plan. In

general, after an applicant’s pre-application consultation meeting with

municipal staff and submission of an application that is determined to be

complete, all applications shall: Added by OPA 65 – 10/22/2007– By-law 192-

2007

(a) Be circulated to appropriate agencies and those agencies be

provided with sufficient time to respond; Added by OPA 65 –

10/22/2007– By-law 192-2007

(b) Be advertised and be presented to the public and the views of the

public ascertained at a public meeting to be held in accordance

with the Planning Act; and Added by OPA 65 – 10/22/2007– By-law

192-2007

(c) Be given due and thorough consideration by Council. Added by

OPA 65 – 10/22/2007– By-law 192-2007

EVALUATION

CRITERIA 11.6.3.3 When considering applications for Zoning By-law amendments, Council

shall consider the policies of this Plan and will, without limiting the

generality of the foregoing, consider such matters as the following:

(a) The relevant evaluation criteria contained in the Land Use

Chapter of this Plan, Volume II: Secondary Plans & Special

Policy Areas and other relevant standards and guidelines;

(b) Relevant support studies;

(c) The comments and recommendations from municipal staff and

circularized agencies;

(d) Relevant provincial legislation, policies and appropriate

guidelines; and

(e) The ramifications of the decision on the use of adjacent or similar

lands.


APPENDIX C – EXCERPTS FROM ZONING BY-LAW 8600

Page 1 of 4

SECTION 3 – DEFINITIONS

CHURCH means a place of worship.

CHURCH HALL means a place of worship.

PLACE OF WORSHIP means a building, including but not limited to a chapel, church, gurdwara,

longhouse, mandir, mosque, synagogue and temple, used for religious worship and related religious, social

and charitable activities, and may include as an accessory use within the place of worship, a hall, auditorium,

office of a faith leader, or a dwelling unit for a faith leader. A church or church hall is a place of worship.

CLUB means a building used exclusively by a chartered non-profit organization for a social, cultural,

recreational, philanthropic or patriotic purpose.

SINGLE UNIT DWELLING means one dwelling having one dwelling unit. A single family dwelling is

a single unit dwelling. A mobile home dwelling is not a single unit dwelling.

DWELLING means a building or structure that is occupied for the purpose of human habitation. A

correctional institution, hotel, motor home, recreational vehicle, tent trailer or travel trailer is not a

dwelling.

DWELLING UNIT means a room or suite of rooms used by or designed to be used by one or more

individuals as an independent and separate housekeeping unit.

NATURAL HERITAGE AREA means an area designated as a Candidate Natural Heritage Site,

Environmental Policy Area, Greenway System, Natural Heritage or Waterway Corridors in the City of

Windsor Official Plan, any provincially or federally designated area of natural and scientific interest or

significant wetland, or any other area reserved for the protection and conservation of environmentally

significant and/or sensitive natural features, functions or processes.

PUBLIC HALL means a building used as a main use on a temporary basis for scheduled activities, events,

functions or gatherings. It may include the consumption of food and beverages and the provision of

entertainment. An assembly hall, banquet hall or private hall is a public hall. An entertainment lounge,

exhibition hall, place of entertainment and recreation, place of worship, professional studio, restaurant,

restaurant with drive-through, or theatre is not a public hall.

ACCESSORY USE means a use which is customarily incidental, subordinate and exclusively devoted to

the main use and is carried on with such main use on the same lot.

ANCILLARY USE means a use, other than an accessory use, which complements or otherwise provides

a service to the main use of the zoning district in which it is located.

MAIN USE means the principal use or uses of a building, lot, premises or structure.

USE 1. when used as a noun means the purpose for which a building, lot, premises or structure is

designed, maintained or occupied.

2. when used as a verb means anything done by any person or permitted, either directly or

indirectly by any person, for the purpose of making use of a building, lot, premises or structure.



Page 2 of 4

SECTION 18 - MANUFACTURING DISTRICTS l. (MD1.)

(4) MANUFACTURING DISTRICT 1.4 (MD1.4)

(a) Permitted Uses

Offices (i) Business, financial and medical offices;

Studios (ii) Professional studios;

Research (iii) Scientific, medical, optical or dental laboratory;

research facility;

School (iv) Commercial school; school;

Industrial (v) Any one (1) or more of the following uses:

1. A food catering service; preparation and packaging of

food products, including a bakery;

2. Manufacturing from any of the following materials:

textiles; fur; glass; leather; paper; plastics; wood;

yarns; tobacco; rubber and rubberised products;

3. Manufacturing of cosmetics, drugs, pharmaceutical

products, toiletries;

4. Construction of small electrical products;

5. Manufacturing of small parts for motor vehicles;

6. Construction of scientific or professional equipment;

7. Construction or repair of electrical or other signs,

billboards or other commercial advertising structures;

8. Manufacturing of moulds, dies, patterns; machine

tools, jigs, fixtures;

9. Manufacturing of musical instruments, ceramics,

jewellery, toys, cutlery or other small metal products;

application of protective coatings; commercial

printing and photographic processing;

10. Communications facility;

Ancillary Uses (vi) Day nursery; food convenience store; gas bar; personal

service shop; restaurant; take-out food outlet; ambulance

service; drive-through food outlet; drive-through restaurant;

veterinary office or clinic; warehouse; wholesale store.



Page 3 of 4

Existing Uses (vii) Any of the following existing uses: athletic or sports

facility; automobile repair garage; club; health studio;

motor vehicle dealership;

Accessory (viii) Any use accessory to the foregoing uses, including

Uses a retail store having a maximum gross floor area equal to

20% of the gross floor area of the main use;

Outdoor (ix) An outdoor storage yard shall not be permitted.

Storage

(b) Regulations

(i) Maximum building height - equal to the length of the longest

exterior lot line or 20 metres,

whichever is the lesser;

(ii) All activities shall take place entirely within a fully enclosed building. This

provision does not apply to motor vehicle parking, a gas bar, or other vehicle

refuelling areas, loading or unloading an outdoor eating area or recreational

facilities, provided that all such activities are accessory to a permitted use;

(iii) Minimum front yard depth - 9 metres;

(iv) Minimum rear yard depth - 6 metres, where a rear lot line

abuts a lot on which a dwelling

unit is located;

(v) Minimum side yard width - 6 metres, where a side lot line

abuts a street or a lot on which a

dwelling unit is located;

(vi) The required front and side yards shall be maintained exclusively as

landscaped open space yards, save and except that an access area may cross a

required yard;

(vii) Minimum lot width - 30 metres;

(viii) Minimum landscaped open

space - 15% of the lot area;

(ix) Supplementary Regulations:

-See Section

21 re: Supplementary Use Regulations

22 re: Supplementary Lot Regulations

23 re: Supplementary Building Regulations

24 re: Parking Space Regulations

25 re: Parking Area Regulations



Page 4 of 4

SECTION 9 - GREEN DISTRICTS 1 (GD1.)

9.4 GREEN DISTRICT 1.4 (GD1.4)


Natural Heritage Area

Any use accessory to the Natural Heritage Area

9.4.3 PROHIBITIONS

.1 Buildings or structures not accessory to the Natural Heritage Area are prohibited

9.4.5 PROVISIONS

.4 Building Height – maximum 8.0 m, except for an

observation platform, deck

or tower


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APPENDIX D

CONSULTATIONS – Comments from Municipal Departments & External Agencies

ENVIRONMENTAL SERVICES, Anne Marie Albidone, November 17, 2017 No concerns from Environmental Services. CANADA POST– Bruno Desando, November 17, 2017

Canada Post has no comments for the attached application.

PROPERTY ASSESSMENT – Jose Mejalli, November 20, 2017

We have no objection.

On March 2, 2018:

I have rec’d MPAC confirmation that the whole parcel will be Exempt from taxation. MPAC correspondence to correct the tax class is forthcoming.

2018 Assessment Value is $993,000 2018 Estimated tax revenue loss $18,300

The 2018 estimated tax revenue loss provided included both the municipal and education portions. The municipal estimated portion would amount to $16,500.

ENWIN UTILITIES (Water Engineering) – Cecile Girard, November 28, 2017

No objection.

ENWIN UTILITIES (Hydro Engineering) - Cecile Girard, November 28, 2017

Has no Objections. WINDSOR POLICE SERVICE - Barry Horrobin, November 21, 2017

Even though the subject application requires both Official Plan and Zoning By-Law amendments for approval, the nature of the use being proposed for the site is not anticipated to have any negative impact from a public safety and security perspective. In fact, the conversion of the land’s usage from a licensed club to a Place of Worship will likely have a reduced impact in terms of anticipated police call load. As such, the Windsor Police Service has no objections or concerns with the application and feel it will be a compatible use on this site. TRANSPORTATION PLANNER – Juan Paramo, November 24, 2017

Schedule X of the Official Plan classifies Northwood St as a Class II Collector road with a required right-of-way width of 20.1 metres. The current right-of-way width is 20.1m; therefore a land conveyance is not required.

All accesses shall conform to the TAC Geometric Design Guide for Canadian Roads and the City of Windsor Standard Engineering Drawings.

All exterior paths of travel must meet the requirements of the Accessibility for Ontarians with Disabilities Act (AODA).

The minimum required accessible parking spaces should be provided on the subject property.

The minimum required bicycle parking spaces should be provided on the subject property.


of 5 LANDSCAPE ARCHITECT – Stefan Fediuk, December 6, 2017 As there is no development aside from the change of use, there is no objection from a landscape or Parks Department perspective. If not already collected, as I believe this property has been subject to some development in the past, the standard Parkland Dedication of 5% as per the Planning Act should be collected at this time. ENGINEERING & GEOMATICS – Patrick Winters, November 30, 2017 The subject lands are located at 2401 Columbus Drive. The applicant is requesting to add a site specific zoning provision permitting a “place of worship”. The site may be serviced by a 300mm concrete storm sewer and a 250mm PVC Sanitary sewer located on Columbus Drive. If one does not already exist, the applicant is required to install a cleanout at the property line on the 300mm storm sewer servicing the site in accordance with AS-325. We have no further requirements regarding this application. If you have any further questions or concerns, please contact Patrick Winters, Development Engineer, at [email protected]. VIA RAIL CANADA INC. – John Walsh, November 27, 2017 VIA Rail Canada Inc. has no comments on this application since we do not operate in this vicinity. IN-HOUSE NOISE ASSESSMENT EXPERT – Thom Cadman, October 27, 2017 I have reviewed the revised noise impact study for this proposal prepared by Akoustic Engineering Limited, dated October 13, 2017 and find the recommended noise attenuation measures are satisfactory. The analytical techniques used in the preparation of the study are consistent with the Ministry of the Environment and Climate Change recommended procedures for the assessment of traffic and rail noise impact (as per noise publication NPC-300). The calculations and resulting recommendations, however, remain the sole responsibility of the consultant. In order to protect the proposed use from noise generated by road and rail noise, some type of development agreement should required, which includes provisions to implement the recommendations contained within this study, including the installation of all recommended noise control measures and warning clauses. UNION GAS – No comment received.

WINDSOR FIRE SERVICES – No comment received ESSEX TERMINAL RAILWAY COMPANY – No comment received CANADIAN PACIFIC RAILWAY (CPR) – No comment received CN BUSINESS DEVELOPMENT – No comment received DETROIT RIVER TUNNEL PARTNERSHIP (DRTP) – No comment received BELL CANADA – No comment received ESSEX REGION CONSERVATION AUTHORITY (ERCA) – Corinne Chiasson, Dec.1, 2017 (See comments below)


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APPENDIX F

DRAFT

AMENDMENT NO. 117

TO THE

OFFICIAL PLAN

CITY OF WINDSOR

Part D (Details of the Amendment) of the following text, and attached map of the City of Windsor Official Plan constitute Amendment No. 117. Also included, but not constituting part of the Amendment, are explanations of Purpose, Location, Background and Implementation of the Amendment, Appendix I (Results of Public Involvement).


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A. PURPOSE:

The purpose of this amendment is as follows:

(i) to allow a church on the subject land by providing a site specific policy direction which permits a “Place of Worship with no accessory dwelling unit” as additional permitted use on the subject land designated Business Park in the land use Schedule of OP Vol. I, and also designated Woodland Business Park in Schedule SC-1: Development Concept, South Cameron Planning District of OP Vol. II (The Secondary Plan), and

(ii) to enhance the protection of the wooded area of the subject land by providing appropriate zoning category for the wooded area and registering a stewardship agreement/conservation easement on title.

B. LOCATION:

The amendment applies to the land generally described as Part of Lots 3 to 6, Block D, Registered Plan 76, located north of Northwood Street, west of South Cameron Boulevard and abutting the north limit of Columbus Drive; municipally known as 2401 Columbus Drive. Ward: 10 Planning District: South Cameron Planning District ZDM: 8 C. BACKGROUND:

The subject land is designated Business Park in the land use schedule of the Official Plan Vol. 1 and also designated Woodland Business Park in the Development Concept Schedule of OP Vol. II. The proposed Place of Worship is not listed as a permitted use or permitted ancillary use in the subject land use designations. The applicant proposes to maintain the existing land use designations of the subject land and add a site specific policy to allow a “Place of Worship” as additional permitted use on the subject land. The existing building on the subject land will be utilized for the proposed Place of Worship. No new structure is proposed and no site alteration is anticipated except the resurfacing and restriping of existing parking area. Due to the site’s proximity to a rail yard, no sensitive land use will be permitted on the subject site. But the definition of a Place of Worship in the zoning by-law includes an accessory dwelling unit and a dwelling unit is a sensitive land use. Based on these facts, and to ensure conformity with applicable Rail Transportation Policies of the Official Plan, no dwelling unit is allowed on the subject land. That’s why the recommendation is to allow a “Place of Worship with no accessory dwelling unit”. Furthermore, an Acoustic Assessment Report dated October 13, 2017, prepared by Akoustik Engineering Limited identified some noise attenuation measures for the proposed Place of Worship (church) on the subject land. The report recommends the use of a development agreement for the implementation of the noise measures and any required warnings. Per section 41(1) of the Planning Act, there is no development proposed with this amendment; therefore, the requirement for a development


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agreement would be reserved for consideration at a future date when a development is proposed on the subject land. The subject land contains some natural features which require protection; hence, a stewardship agreement is required. The stewardship agreement, if registered on title, will satisfy the requirement for Environmental Evaluation Report.

D. DETAILS OF THE AMENDMENT:

That the City of Windsor Official Plan, Volume II, Part 1 – Special Policy Areas, BE AMENDED by adding site specific policies as follows:

(1) The property described as Part of Lots 3 to 6, Block D, Registered Plan 76, on the north of Northwood Street, west of South Cameron Boulevard and abutting the north limit of Columbus Drive, is designated on Schedule A: Planning Districts and Policy Areas in Volume I – The Primary Plan.

(2) Notwithstanding the Woodland Business Park policy in section 4.7.6.3 of

the South Cameron Secondary Plan, a “Place of Worship with no accessory dwelling unit” shall be an additional permitted use on the non-wooded area of the subject property (to be further described on a new reference plan of survey.)

(3) Land Stewardship Agreement, as stipulated in Volume I: The Primary Plan, shall be entered into and registered on title for the protection and conservation of natural features and functions or heritage resources on the subject private property.

E. IMPLEMENTATION:

i. Amend Schedule A: Planning Districts and Policy Areas in Volume 1: The Primary Plan to add the following Special Policy Area

a. North of Northwood Street, west of South Cameron Boulevard, abutting the north limit of Columbus Drive.

ii. This amendment shall be implemented through amendment to the Zoning

By-law 8600 as recommended in Report Number S 39/2018 (Z-028/17; ZNG-5349).

iii. This amendment shall also be implemented through the use of a holding provision as recommended in Report Number S 39/2018 (Z-028/17; ZNG-5349).


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APPENDIX I

The following are the results of public notification of the amendments and the outcome of public meetings. Comments relate to the Official Plan amendment and a rezoning. A public meeting of the Planning, Heritage & Economic Development Standing Committee, the statutory meeting, would be held on March 19, 2018. Below is an extract from the minutes of the meeting. <Insert applicable portion of the minutes of the PHEDSC meeting>

COUNCIL MEETING <date to be determined>: A meeting of City Council was held on <insert date>, at which time the application was considered. <Insert Council Motion number>


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APPENDIX G – Draft By-law

B Y - L A W N U M B E R -2018

A BY-LAW TO FURTHER AMEND BY-LAW NUMBER

8600 CITED AS THE "CITY OF WINDSOR ZONING BY-

LAW"

Passed the day of , 2018.

WHEREAS it is deemed expedient to further amend By-law Number 8600 of the Council of The

Corporation of the City of Windsor, cited as the "City of Windsor Zoning By-law" passed the 31st day of

March, 1986, as heretofore amended:

THEREFORE the Council of The Corporation of the City of Windsor enacts as follows:

1. That subsection 1 of Section 20, of said by-law, is amended by adding the following paragraph:

“356. For the non-wooded portion of the lands comprising of Part of Lots 3 to 6, Block D,

Registered Plan 76 (to be further described in a new reference plan) situated north of

Northwood St., west of South Cameron Blvd, abutting the north limit of Columbus Dr.;

municipally known as 2401 Columbus Dr., a “Place of Worship with no accessory dwelling unit”

shall be additional permitted use within the existing building on the subject land [ZDM 8; ZNG-

5349]”

2. The said by-law is further amended by changing the Zoning District Maps or parts thereof

referred to in Section 1, of said by-law and made part thereof, so that the lands described in Column 3 are

delineated by a broken line and further identified by the zoning symbol shown in Column 5:

1. 2. 3. 4. 5.

Item

Number

Zoning

District

Map Part

Lands Affected Official Plan

Amendment

Number

Zoning Symbol

1 8

Part of Lots 3 to 6, Block D,

Registered Plan 76 [to be further

described in a new reference plan] (located north of Northwood St.,

west of South Cameron Blvd,

abutting the north limit of Columbus

Dr.; municipally known as 2401

Columbus Dr.)

117 S.20(1)H356

3. By-law Number 8600 is further amended by changing the Zoning District Maps or parts thereof

referred to in Section 1, of the by-law and made part thereof, so that the zoning district symbol of the

lands described in Column 3 shall be changed from that shown in Column 5 to that shown in Column 6:

1. 2. 3. 4. 5. 6.

Item

Number

Zoning

District

Map Part

Lands Affected Official Plan

Amendment

Number

Zoning

Symbol

New Zoning

Symbol

1 8

Wooded portion of Part of Lots 3 to

6, Block D, Registered Plan 76 [to

be further described in a new

reference plan] (located north of

Northwood St., west of South

Cameron Blvd, abutting the north

limit of Columbus Dr.; municipally

known as 2401 Columbus Dr.)

117 HMD1.4 HGD1.4

4. That the holding (‘H’) symbol BE REMOVED when the applicant/owner submits an application

to remove the ‘H’ symbol and the following condition is satisfied:


a. Land Stewardship Agreement/ Conservation Easement registered on title of the subject

property, to the satisfaction of the City Solicitor in consultation with the Essex Region

Conservation Authority.

DREW DILKENS, MAYOR

CLERK

First Reading - , 2018

Second Reading - , 2018

Third Reading - , 2018


SCHEDULE 2

1. By-law has the following purpose and effect:

To amend the zoning of the non-wooded area of the lands located north of Northwood St., west of

South Cameron Blvd, abutting the north limit of Columbus Dr., described as Part of Lots 3 to 6,

Block D, Registered Plan 76 (to be further described in a new reference plan) and municipally

known as 2401 Columbus Dr., by adding a site specific holding zoning provision to allow a “Place

of Worship with no accessory dwelling unit” on the subject land.

To also amend the wooded area of the subject land described as Part of Lots 3 to 6, Block D,

Registered Plan 76 (to be further described in a new reference plan) by changing the zoning

from Manufacturing District 1.4 with “H” to Green District 1.4 with “H” (HMD1.4 to HGD1.4).

This zoning by-law amendment triggers a concurrent amending Official Plan site specific policy

for the church use and enhances the protection of the wooded area of the subject land by limiting

the church use to the existing building, providing appropriate zoning category for the wooded area

and registering a stewardship agreement/conservation easement on title

2. Key map showing the location of the lands to which By-law applies.


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APPENDIX I

ADDITIONAL INFORMATION, BUILDING AREA & REQUIRED PARKING

From: [email protected] [mailto:[email protected]] Sent: Tuesday, March 06, 2018 12:40 PM

To: Nwaesei, Justina Cc: 'Cindy Gietz'

Subject: Building Area and Parking

Good afternoon Justina: Attached you will find a floor plan showing how the church intends to utilize the existing room configuration for a combination of worship and support space. The space use plan is also shown below:

Proposed Floor Plan (Utilizing existing room configuration) – The Gathering Windsor


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I understand the bylaw requirement for parking to be as follows: Church (including a Church Hall) 1 for each 5.5 m² GFA uses as a church, chapel or sanctuary AND 1 for each 36 m² GFA not used as a church, chapel or sanctuary The pertinent information is as follows:

Description Area (sq.ft.) Area (sq.m.)

Parking Requirement

No. of Spaces Required

Worship Space 3,800 353 1/5.5sq.m. 64.2

Support Space including: Office Meeting Storage Utility Corridor Washrooms Nursery/Children’s Kitchen

8,860 823 1/36sq.m. 22.9

12,660 sq.ft. 1,176sq.m. 87.1 – say 87

Parking Provided Paved parking area (includes 4 BF spaces) 109

As indicated, sufficient existing on-site parking is available for the proposed use. Let me know if you need anything further.

Paul

Paul Bezaire OALA MCIP RPP

Partner

BP Bezaire Partners

Urban Planners, Landscape Architects,

Planning & Construction Mediation, Public Consultation, Project Management,

Environmental Impact Studies, Parks & Recreation Planning

3514 Walker Road, Unit 1A Windsor Ontario N8W 3S4 M 519.816.6844 |V 519.966.6844 | F 519.966.4088

Please consider the environment before printing this email

Effective March 29, 2017, the company has been issued a Master Business License for a General Partnership under the name of Bezaire Partners. The new trade name reflects a recent change of ownership with two partners remaining: Paul Bezaire and Gerry Bezaire.


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Subject: Rezoning – Request for site specific amendments to current zoning regulations and permitted uses to 5 properties located at 3169-3199 Dougall Ave. - Ward 1

Reference:

Date to Council: 3/19/2018 Author: Sahar Jamshidi

Planner II - Development Review

519-255-6543, x.6449

[email protected]

Planning & Building Services Report Date: 2/26/2018 Clerk’s File #: ZB/12691


Recommendation:

THAT an amendment to Zoning By-Law 8600 BE APPROVED changing the zoning of

Part Lot 48, Lots 49 to 55, and Part Closed Norfolk Street, Registered Plan 1248 (PIN

013070610, 013070361, 013070612, 013070613, 013070614 & 013070831), situated on the west side of Dougall Avenue, north of Norfolk Street, municipally known as 3169-

3199 Dougall Avenue, by amending Section 20(1) by adding a site specific provision on the following basis:

“341. For the lands comprising of Part Lot 48, Lots 49 to 55, and Part Closed Norfolk Street, Registered Plan 1248 (PIN 013070610, 013070361, 013070612,

013070613, 013070614 & 013070831), situated on the west side of Dougall Avenue, north of Norfolk Street, the following additional provisions shall apply:

a) The maximum lot frontage shall be 94.50 m

b) The minimum separation of a parking area:

1) from a rear lot line shall be 8.26 m

2) from a street shall be 0.90 m

c) A Restaurant and a Food Outlet – Take-out shall be additional permitteduses subject to the following additional provisions:

Item No. 7.3


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1) The total combined gross floor area of any restaurant and/or food outlet – take-out shall not exceed 15% of the gross floor area of the

building.

2) Notwithstanding the definition of gross floor area, any portion of a restaurant or food outlet – take-out located in a cellar shall be included

in the gross floor area when calculating the required number of parking spaces.

[ZDM 8; ZNG/5006]”

Executive Summary:

NA.

Background:

KEY MAP OF SUBJECT LANDS:


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APPLICATION INFORMATION:

Location: 3169-3199 Dougall Avenue

Plan 1248 Part Lot 48, and Lots 49-55, and Part Closed Norfolk Street;

ROLL NUMBER: 080 370 17000 0000 & 080 370 17100 0000 & 080 370 17101 0000 &

080 370 17200 0000 & 080 370 17300 0000


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PIN 013070610 & PIN 013070361 & PIN 013070612 & PIN 013070613 & PIN 013070614 & PIN 013070831

Ward: 1 Planning District: South Windsor Planning District ZDM: 8

Applicant: Millennium Trade & Investment Corp.

Authorized Agent: Dillon Consulting Limited – Harry White; Karl Tanner

Proposal:

The applicant is requesting an amendment to Zoning By-law 8600 (CD3.9 Zoning) requesting the following to be added as a site specific provision for the subject lands:

1. Additional permitted uses of a Restaurant and a Food Outlet – Take-out limited to 15% of the Gross Floor Area of the building

2. Increase in maximum permitted lot frontage from 90.0m to 94.49m

3. Reduction in required separation of a parking area from the rear lot line, from 10.0m to 8.26m

4. Reduction in required separation of a parking area from a street, from 3.00m to 0.90m

The applicant has purchased the subject lands and is proposing development of a Major commercial centre to host a variety of medical offices, pharmacy, medical labs and

other medical services, along with a restaurant and other permitted uses under CD3.9 zoning. The subject lands have Commercial District 3.9 (CD 3.9) zoning designation, as shown below on the Requested Zoning Amendment Map.

SITE INFORMATION:

OFFICIAL PLAN ZONING CURRENT USES PREVIOUS USES

Commercial

Corridor

CD

3.9

Vacant parcels, Single

Family dwelling & Business Office

Single Family

Dwellings

FRONTAGE DEPTH AREAS SHAPES

94.49m 36.58

m 3,658.35m2

Rectangle (irregular at the south end of the

property)

All measurements are approximate.


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REQUESTED ZONING AMENDMENT MAP:


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NEIGHBOURHOOD MAP:


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NEIGHBOURHOOD CHARACTERISTICS:

Surrounding Land Uses:

The neighbourhood is south of Nottingham Street, north of Norfolk Street, along the west side of Dougall Avenue and east of Church Street. The zoning designations for subject lands is Commercial District 3.9 (CD 3.9) and the existing uses surrounding the

subject lands are a mix of commercial and low-density residential.

Dougall Avenue is a Class II Arterial with an urban cross-section with sidewalks on both

sides and full municipal services. The Dougall 6 bus route serves this portion of Dougall Avenue.

PUBLIC NOTICE:

The official notice as required by Ontario Planning Act was advertised in the Windsor Star newspaper on Friday, February 23, 2018. Courtesy notices will be mailed to all property owners and tenants within 120 metre of the subject parcels.

On Thursday, November 23, 2017 a public meeting was held by Dillon Consulting (the

agent for the applicant) at Dillon Consulting Ltd. Office, located at 3200 Deziel Dr, Windsor, ON N8W 5K8. Staff from Dillon Consulting, along with staff from City of Windsor’s Planning Department were available to answer any questions and provide

information to members of public. A letter was mailed out to 16 property owners abutting the subject lands on week of November 6, 2017 notifying them of this public

meeting. The 16 property owners were also provided the option to contact staff from Dillon Consulting by phone or email to provide their comments. The meeting on Thursday, November 23, 2017 was attended by 2 of the property owners adjacent to

subject lands and their comments are included in Appendix G of the report.

Discussion:

PLANNING ANALYSIS:

BACKGROUND:

The applicant is requesting an amendment to Zoning By-law 8600 to add a site specific

provision to allow a “Restaurant and a Food Outlet – Take-out” as additional permitted uses on the subject lands, while keeping their current zoning of Commercial District 3.9

(CD 3.9) and permitted uses. The applicant also proposes the following changes to the regulations of CD3.9 zoning:



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2. Reduction in required separation of a parking area from the rear lot line, from 10.0m to 8.26m

3. Reduction in required separation of a parking area from a street, from 3.00m to 0.90m

Originally in May 2017, the applicant had submitted a request for amendments to Zoning By-law 8600 for a similar development on the subject lands which was much

larger in scale. The original proposal was reviewed at the public meeting of the Planning, Heritage and Economic Development Standing Committee (PHEDSC) on June 12, 2017, see Appendix H. The current development proposal is scaled down

from the original development proposal which was put forward in 2017.

Currently the subject lands, municipally known as 3169-3199 Walker Road, consist of a

few vacant parcels of land covered in grass and gravel and 2 parcels with buildings, one at 3199 Dougall Avenue used for commercial purposes and one at 3189 Dougall Avenue used for residential purposes.

PROVINCIAL POLICY STATEMENT, 2014 (PPS 2014):

The proposed amendment is consistent with the policy direction of the Provincial Policy Statement 2014, by promoting an accommodating an appropriate range and mix of employment and institutional and other uses to meet long-term needs of Healthy,

liveable, safe and sustainable communities.

OFFICIAL PLAN:

The subject parcels are designated Commercial Corridor (fronting on Dougall Avenue) in Schedule D of the Official Plan (Volume I). The surrounding properties are also

designated Commercial Corridor to the east (fronting on Dougall Avenue), and Residential to the west (fronting on Church Street.)

The Commercial Corridor land use designation is intended for areas which are designed

for vehicle oriented commercial uses. Commercial Corridors take the form of commercial strips along Arterial and Collector roads within Windsor, while they

strengthen and support the retail and service uses. The Residential land use designation, which applies to the lands located west of the subject lands, provides for low density residential use, which is a sensitive land use. Due to the close proximity of

a sensitive land use (low density residential) to the commercial corridor, it is prudent to ensure impact of any commercial development on the residential area is minimized.

Relative objectives of Commercial land use designation and Commercial Corridors include promoting the stabilization, consolidation and improvement of existing commercial centres and corridors (6.5.1.3), locating commercial activities in areas which

have sufficient and convenient access by all modes of transportation (6.5.1.4), ensuring that there are limited negative impacts of expanded commercial uses on adjacent

sensitive uses (6.5.1.5), accommodating an appropriate range of commercial uses for the trade area (6.5.1.7), providing adequate off-street parking (6.5.3.7.d), providing


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appropriate landscaping or other buffers to enhance all parking lots, and outdoor loading and service areas; and providing adequate separation between the

commercial use and adjacent sensitive uses (6.5.3.8.b.i - ii), and as a general rule, the height of buildings are to be consistent with the height of buildings which characterize the Commercial Corridor (6.5.3.8.c).

The application satisfies the Street Presence criteria in Section 6.5.3.3., and Infill Consolidation criteria in Section 6.5.3.4. No constraints have been identified.

The draft Site Plan provided by the applicant, which is for information only, has not been submitted for Site Plan approval yet. This draft site plan indicates that the proposed amendment conforms to most criteria in the Official Plan in terms of scale, massing,

height, and parking requirements. However due to the shallow depth of the lots for the subject lands the proposed development falls short in complying with parking area

setbacks from the street.

ZONING:

The current zoning of the subject lands, Commercial District 3.9 (CD 3.9), was carefully crafted about 7 to 8 years ago (2008-2009) with considerable public consultation and

involvement of the residents in the neighbourhood adjacent to Dougall Avenue. The regulations of CD 3.9 follow the study criteria and recommendations to permit only small scale commercial uses, similar to the recent development (2012-2015) at 3335 Dougall

Avenue, only one block south of subject lands. The aim is to keep the commercial development on the west side of Dougall Avenue at a lower profile (about 2 storey in height). Strong concerns about potential restaurant use were raised by the by residents

during the study which took place prior to 2008-2009, and at the time restaurant use along with many types of retail were not permitted in CD3.9 zoning.

This section of Dougall Avenue, where the subject lands are located, is in transition from residential to commercial use. The current CD 3.9 zoning of the subject lands

aims to strike a balance between the needs of new commercial developments and the needs of the neighbouring low density residential uses while minimizing the adverse

impacts on the sensitive residential land use. The permitted uses and regulations under CD3.9 zoning are in place to prevent highly intensive commercial development taking place that will result in adverse impacts on the neighbouring low density residential

uses.

Planning Department and other departments and agencies have the following

comments related to the revised proposed development on subject lands:

1. Additional permitted use of “Restaurant, Take-Out Food Outlet”

At the Planning Advisory Committee (PAC) meeting on February 4, 2009, when the

subject properties were being studied for rezoning, one of the main concerns of the


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neighbouring residents and PAC were compatibility of the commercial uses with the

existing low density residential uses. Previous restaurant proposals have been met

with opposition from the neighbors in the past. However the new development

proposal on subject lands mitigate many impacts of a mid-size development on the

adjacent residential neighbourhood, buy keeping the scale of the development

adequate for the site and providing proper separation and buffering from the

adjacent residential neighbourhood. It should also be noted that during the public

meeting held on November 23, 2017, only 2 property owners from the adjacent

neighbourhood to the subject lands were opposed to the proposed development,

see Appendix G.

Zoning regulations of CD3.9 require ample separation and buffering (10m) to be

provided between the parking area on the subject lands and residential lots to the

rear of the property. Due to the fact that restaurants generate high number of

vehicular trips and also require ample on-site parking (By-Law 8600 requirements),

Planning Department will only support the use of the “Restaurant and Take-Out

Food Outlet” while the GFA of the restaurant is at or below 15% of the GFA of the

entire building. Furthermore if the Restaurant and a Food Outlet – Take-outs are

located within the cellar of the building, the GFA of the Restaurant and a Food Outlet

– Take-outs must be included in the GFA of the building for calculating required

number of parking spaces to ensure adequate parking is provided for all uses within

the building.

It must be noted that recently the Zoning By-Law 8600 has been amended to include

the use of a Pharmacy as an accessory use to a medical office (see definition

below.) Therefore the use of a pharmacy is permitted on the subject lands in

combination with a Medical office, see Appendix E.

2. Reduction of minimum rear yard setback for a parking area

The current requirement of 10m minimum rear yard setback for a parking area

has been put in place to protect and provide separation to the existing abutting

low density residential uses. This is a sensitive land use and the proposed

development proposes the set back of 8.26m, which combined with the 4.27m

width of the alley (Registered Plan 1248) between the subject lands and the

residential properties on Church St. does achieve and exceed the desired

protection for the residential uses and therefore can be supported by the

Planning Department. (The PHEDSC supported this reduction in June 2017, see

Appendix H)

It must be noted that during the public meeting with the neighbouring residents,

held on August 10. 2016, the property owners of 3198 Church Street indicated


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that they want the existing established landscaping located within the alley (open

municipal right-of-way) between their property and the subject lands to remain

undisturbed as it provides buffering from the proposed development.

3. Maximum lot frontage

The aspect of frontage was discussed as to the scale of proposed development. The proposed increase in lot frontage from 90.0m to 94.49m is not considered

substantial in a way that would allow a much larger development to take place on site. Also the current existing medical development at 3335 Dougall Avenue also has a lot frontage of 93.88m (approved through a Committee of Adjustment

minor variance application), which has not resulted in major adverse impacts to the surrounding neighbourhood. Furthermore the current irregular configuration

of the subject lands causes the frontage of the lots to exceed the 90.0m maximum by less than 5 metres. Planning Department is able to support the requested amendment to maximum lot frontage from 90.0m to 94.49m.

Risk Analysis:

NA

Financial Matters:

NA

Consultations:

Agencies/Departments:

Comments from municipal departments and external agencies are in Appendix A. Most did not have any major concerns with the amended proposed development which is at a

compatible scale with the adjacent residential neighbourhood. Since the new proposed development is meeting many of the requirements of the by-law, most concerns related

to buffering and reducing the impact of the development on the adjacent residential properties should be adequately addressed during the Site Plan Approval process.

It must be noted that subsequent to this rezoning application the proposed development on subject lands will be subject to Site Plan Approval application. At the time of Site

Plan Approval a Parking study and a Transportation Impact Study prepared by a qualified professional, and deemed acceptable by the Manager of Transportation Planning, most likely will be required.


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Conclusion:

PLANNER’S OPINION AND CONCLUSIONS:

Planning Department is able to support the proposed revised development on the

subject lands with requested amendments to Zoning By-Law 8600. This new proposal for development is close in conformity to the existing zoning and permitted uses and

regulations. The proposed restaurant use is being limited to a maximum of 15% of the GFA of the entire building and adequate parking is provided for all uses.

Therefore Planning Department is able to support the additional permitted use of a

restaurant, while the GFA of the restaurant cannot be greater than 15% of the GFA of the building, and a slight increase in maximum lot frontage. The reduction in parking

area separations from the rear lot line and from a street. Decorative enhancements to the reduced parking area separation may be required during the Site Plan Approval stage.

The recommended Zoning By-law amendments for additional permitted use of a

Restaurant and a Food Outlet – Take-out, and a slight increase in maximum lot frontage along with reduction in required separation of a parking area proposed is consistent with the Provincial Policy Statement 2014. These recommended zoning changes are

compatible with the physical fabric of the neighbourhood and will be in conformity with the Official Plan. The proposed amendments do constitute good planning.


Sahar Jamshidi, M.U.P., C.E.T.

Planner II – Development Review

I concur with the above comments and opinion of the Development Planner.

Neil Robertson, MCIP, RPP

Manager of urban Design

Thom Hunt, MCIP, RPP

City Planner



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Insert CLT Initials

SAH OC

Approvals:

Name Title

Neil Robertson Manager of Urban Design

Thom Hunt City Planner/Executive Director



Onorio Colucci Chief Administration Officer

Notifications:

Name Address Email

Councillor Fred Francis

350 City Hall Square West,

Suite 203 Windsor, ON

N9A 6S1

[email protected]

Dillon Consulting Limited c/o Karl Tanner

3200 Deziel Drive, Suite 608 Windsor, ON N8W 5K8

[email protected]

Appendices:

1 Appendix A - Comments from Municipal Departments & Other Agencies Z-019_16

[ZNG_5006] 2 Appendix B - Draft Site Plan with comments Z-019_16 [ZNG_5006]

3 Appendix C - Draft Development Proposal for Dougall Medical Centre Z-019_16 [ZNG_5006] 4 Appendix D - Site Visit Photos Z-019_16 [ZNG_5006]

5 Appendix E - Excerpts from Zoning y-Law 8600 Z-019_16 [ZNG-5006] 6 Appendix F - Draft Amending By-Law Z-019_16 [ZNG-5006]

7 Appendix G - November 2017 Public Meeting Summary Report Redacted Z-019_16 [ZNG_5006]


mailto:[email protected]


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8 Appendix H - Original Development proposal Agenda_Item_S_91_2017_1536 Z-019_16 [ZNG_5006]


Appendix A - Comments from Municipal Departments & Other Agencies

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There are no built-heritage or archaeological concerns for this property. John R. Calhoun

Hi Sahar We have no objection to the proposed commercial development. Thank you Jose Mejalli, A.I.M.A. Assessment Management Officer

COMMENTS: UNION GAS HAS NO ISSUE WITH THIS APPLICATION ALLISON BRANGET UNION GAS

Good day, No concerns with rezoning to allow for this development. Regards, John Lee Windsor Fire

Sahar: I have reviewed the amended application for this property and would hereby offer revised comments as follows:

The Windsor Police Service has no objections to the application for an amendment to the Zoning By-Law. The proposed redevelopment of the subject lands to a commercial land use seems generally appropriate within this specific area as there are many other similar commercial uses within the immediate neighbourhood. The magnitude and nature of the proposed uses to be included as part of the site specific provision for the application previously caused us some concern due to the size and intensity first proposed, however the revised application has addressed these to our satisfaction; namely:



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The significant reduction in the parking separation requirement from the

rear lot line from 10.0 m to just 0.91 m has now been softened to being just 8.26 m. While not the full 10.0 m required by the By-Law, this is a far more reasonable variance in terms of its impact on the adjacent residential neighbour that immediately abuts this site. As such, I feel the 8.26 m offers an adequate buffer space separation between this development and the existing residences.

The applicant had initially sought a significant reduction in required parking for the site which was a concern to us because we felt it would trigger demand being pursued by customers into the abutting residential neighbourhood. The applicant’s subsequent and significant reduction in the size of the proposed ground floor restaurant space (a huge traffic and parking generator) eliminates this parking shortage problem so we are now comfortable with what is being proposed for this aspect of the development.

Initially, the applicant also proposed a very tall building that seemed excessive in scale compared against the adjacent land uses. We support the lowering of the building from 3 storeys to two storeys as this will make for a more compatible design.

It should still be noted the site is quite large and very close to the busy Dougall/Norfolk intersection. Based on a review of the applicant’s preliminary site plan, challenges with safe site access could be significant, particularly left hand turning movements both into and out from the property. It is anticipated the site will generate a substantial amount of traffic above what currently exists in the area now but this is an issue that can perhaps be handled most effectively through the site plan review process. Respectfully,

Barry Horrobin, B.A., M.A., CLEP, CMM-III Director of Planning & Physical Resources WINDSOR POLICE SERVICE

Water Engineering No objection to re-zoning



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Hydro Engineering Note: Enwin has an existing overhead 120/240 volt hydro distribution bus along the west limit of the site. Applicant to ensure that new building has adequate distance and clearance from overhead hydro wires Cecile Girard

No concerns from Environmental Services ANNE-MARIE ALBIDONE | MANAGER, ENVIRONMENTAL SERVICES

Good day Sahar, Thank you for circulating the rezoning application (Z-019/16 [ZNG/5006] - Millennium Trade & Investment Corp. - 0, 3169, 3189 & 3199 Dougall Ave) to the Ministry of Natural Resources and Forestry on January 9th, 2017. Based on a review of the information provided, MNRF understands that the following activities are proposed for 0, 3169, 3189 & 3199 Dougall Ave, in the City of Windsor:

The development of a Major commercial centre

MNRF has determined that the activities associated with the project, as currently proposed, are considered to be low risk for impacts to species at risk (SAR). As such we have determined that the proposed project will likely not contravene section 9 (species protection) and/or section 10 (habitat protection) of the Endangered Species Act, 2007 (ESA 2007). Should any of the project parameters change, please notify the MNRF Aylmer District office to obtain guidance on whether additional actions will need to be taken to remain in compliance with the ESA 2007. Please be advised that it is also your responsibility to be aware of and comply with all other relevant provincial or federal legislation, municipal by-laws or required approvals from other agencies. Kind regards, Cara Hernould



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A/District Planner Ministry of Natural Resources and Forestry Aylmer District 615 John St. N Aylmer, ON N5H 2S8 519.773.4757 [email protected]

Dear Ms. Sahar Jamshidi: RE: Zoning By-Law Amendment Z-019-16 3169 Dougall (3189 Dougall, 3199 Dougall) ARN 373908037017000, 373908037017100, 373908037017101; PIN: 013070610, 013070361, 013070612 Applicant: Millennium Trade & Investment Corp. The following is provided for your information and consideration as a result of our review of Zoning By- Law Amendment Z-019-16. We understand that the applicant is requesting to amend Zoning By-law 8600 in order to permit site-specific provisions on the above noted property. The amendments requested are: to permit a retail store/pharmacy/restaurant, to allow an increase in lot frontage over the maximum permitted, to reduce the separation distance of the parking area to the rear lot line, to permit an increase to the building height, and reduce the minimum requirement for parking. NATURAL HAZARD POLICIES OF THE PPS, 2014 We have reviewed our floodline mapping for this area and it has been determined this site is not located within a regulated area that is under the jurisdiction of the ERCA (Section 28 of the Conservation Authorities Act). As a result, a permit is not required from ERCA for issues related to Section 28 of the Conservation Authorities Act, Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulations under the Conservations Authorities Act, (Ontario Regulation No. 158/06). WATER RESOURCES MANAGEMENT We recommend that the municipality ensure that the release rate for this development is controlled to the capacity available in the existing storm sewers/drains. In addition, that stormwater quality and stormwater quantity are addressed up to and including the 1:100 year storm event and be in accordance with the guidance provided by the Stormwater Management Planning and Guidance Manual, prepared by the Ministry of the




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Environment (MOE, March 2003) and any other Municipal requirements (e.g., Development Standards Manual). We further recommend that the stormwater management analysis be completed to the satisfaction of the Municipality. We do not require further consultation on this file with respect to stormwater management. NATURAL HERITAGE POLICIES OF THE PPS 2014 The subject property is not within or adjacent to any natural heritage feature that may meet the criteria for significance under the Provincial Policy Statement (PPS 2014). Based on our review, we have no objection to the application with respect to natural heritage policies. FINAL RECOMMENDATION We have no objections to this proposed Zoning By-law amendment. If you should have any questions or require any additional information, please do not hesitate to contact the ERCA Watershed Planner, Michael Nelson by phone at (519) 776-5209 ext. 347 or by e-mail at [email protected]. Thank you. Sincerely, Michael Nelson, Watershed Planner

TRANSPORTATION PLANNING COMMENTS:

A Transportation Impact Study (TIS), satisfactory to the City Engineer and prepared in accordance with the City of Windsor TIS Guidelines, is required for this application.

The minimum clear throat length for an access along Dougall Ave and Norfolk St shall be a minimum of 15m and 8m, respectively. Any deviation from standards shall be justified as part of the TIS.

The proposed separation of 0.3m (sidewalk edge to parking area curb) shall be increased to prevent vehicle’s bumpers from overhanging into the sidewalk.

Regards,

Juan Paramo



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VIA Rail Canada has no comments on the subject application. John Walsh. P.Eng. Property Manager, Real Estate Asset Management – Central Region Office 416-253-2470 cell 647-519-4676

There are no objections to the rezoning pursuant to the additional uses or required parking calculations from a landscape architectural perspective. The proposed plan does not reflect the requirements outlined in the Official Plan Review Report #22 Dougall Avenue Commercial Corridor Study approved by Council March 2, 2009 (CR68/2009). The landscape setbacks both front and rear are to ensure that Dougall Avenue development is respectful to the abutting residences which lie west of the properties and that the Commercial Corridor is maintained as Civic Gateway. From a landscape architectural perspective, the proposed layout of the site plan cannot be supported based on the requirements of CR68/2009. STEFAN FEDIUK | LANDSCAPE ARCHITECT | OALA | CSLA

Hello Sahar, Attached are Canada Post comments for the above referenced application. As well, can you please advise the applicant when the time comes, to contact me regarding the assignment of a postal code for this development. Please let me know if you have questions or need anything further. Regards, Bruno Bruno DeSando CANADA POST CORPORATION Delivery Planning 955 Highbury Avenue LONDON ON N5Y 1A3 tel: 519-494-1596 fax: 519-457-5412



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e-mail: [email protected]

Hello Sahar, Further to our meeting this morning I have attached comments from Planning Policy regarding the subject application. Please note that I have attached an excerpt from the Minutes of the February 4, 2009 Planning Advisory Committee meeting as Appendix ‘C’. That meeting was well attended by residents from the adjacent existing residential properties on Church Street between Nottingham Street and Liberty Street. Please contact me directly if you have any additional questions regarding these comments. Thank you, CHRISTOPHER ASPILA GISP, MCIP, RPP | SENIOR PLANNER Re: Z-ZNG/5006 Z019/16 0, 3169, 3189 & 3199 Dougall Ave Planning Policy does not support the proposed site specific amendment to CD3.9 on the grounds of:

1. The proposed Restaurant and Take-Out food outlet use is not compatible with the adjacent residential uses. This type of use was excluded from the CD3.9 Zoning District due to negative impacts of noise, light generated from on-site vehicle traffic, and food waste storage issues that are not compatible with the existing adjacent residential uses on Church Street;

2. The proposed increase above the CD3.9 maximum lot frontage of 90m on the west side of Dougall Avenue is not appropriate for the Dougall Avenue Commercial Corridor due to the scale and massing of the proposed development as this area has been identified as an area in transition from Residential to Commercial Corridor;

3. The proposed reduction in the required separation of a parking area from the rear lot line is not appropriate considering the existing residential uses on Church Street that would be subject to increased levels of noise and vehicle headlights at parking areas in such close proximity. Furthermore it is noted that Council added the requirement for the 10m required separation of a parking area from the rear lot above and beyond Administration’s recommendations (see Appendix ‘A’); and

4. The rationale for the maximum building height of 7.5m in the CD3.9 Zoning District is preserve scale, massing and compatibility of uses with the existing residential uses on Church Street. The primary concerns for limiting the building




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height are privacy and direct lighting impacts on the existing adjacent residential uses.

The Official Plan Review Team prepared Official Plan Review Report #22, Dougall Avenue Commercial Corridor Study following CR562/2006 and as per subsequent OMB Decision 1539. The key finding of the study was that the Official Plan Land Use designation of Commercial Corridor is appropriate for the west side of Dougall Avenue between Nottingham Street and Liberty Street. Note that the property at 3189 Dougall Avenue included in this application was commented on in the excerpt from the Council minutes. Appendix ‘B’ is an excerpt from the minutes of public comments received at the Council meeting on March 2, 2009 regarding OPR Report #22. For additional background, Appendix ‘C’ is an excerpt from the minutes of the Planning Advisory Committee meeting on February 4, 2009. The CD3.9 Zoning District was specifically designed for Commercial Corridor designations adjacent to residential uses to minimize negative impacts on the existing adjacent residential uses and site specific amendments are therefore not recommended. Christopher Aspila MCIP, RPP Planner III – Policy and Special Studies

Hello Sahar, We have reviewed the rezoning application submitted by Dillon Consulting Limited for 3199 Dougall Avenue commercial building. I have found no major issues at this point that would obstruct the rezoning application process. We will provide official comments pertaining to the Right-of-Way when the Site Plan Control application is submitted. Thank you and have a great weekend Sedeem Nagar

Technologist I Development, Projects & ROW 350 City Hall Square West, RM 302 Windsor, ON, N9A 6S1 519-255-6257 ext: 6216 [email protected]




32AMF

Callout

Landscaped Buffer 1.2m (Recommended by Committee)

32AMF

Polygon

32AMF

Callout

Equivalent to 15% of Building Area

32AMF

Callout

Parking Space Setback 8.3m (Recommended by Committee)

32AMF

Callout

Alley to be closed (Recommended by Administration)

32AMF

Callout

Reduced Building Height to 2 Storeys (Revised Proposal)

32AMF

Callout

Internal Refuse Storage Room

32AMF

Callout

Limit Restaurant Use to Maximum 2500 f2 or 15% of Building (Revised Proposal)

Appendix “D” – Site Visit Photos

Standing in front of 3169 Dougall Ave. looking south at the subject lands (on the west side of Dougall Ave.) and the Commercial Centre across the street (on the east side of Dougall Ave.)

Standing in front of 3169 Dougall Ave. looking south at the subject lands (on the west side of Dougall Ave.)



Standing in front of 3189 Dougall Ave. looking north at the subject lands (on the west side of Dougall Ave.)

Standing in front of 3189 Dougall Ave. looking north at the subject lands (on the west side of Dougall Ave.)



Standing on the south side of Norfolk Street looking north-east at 3199 Dougall Avenue at the intersection of Dougall Ave.

& Norfolk Street.

Standing on the south side of Norfolk Street looking north at 3199 Dougall Avenue.



Looking at the utility poles and other services at the south end of the alley that runs North-South between Dougall Avenue

and Church Street, behind subject lands.

Standing at the intersection for Norfolk Street and Dougall Avenue, looking west into Norfolk Street, south of 3199 Dougall

Avenue.



Standing at the intersection of Church Street and Dougall Avenue looking north on Church Street and the residential properties backing into subject lands.

Standing at the intersection for Norfolk Street and Dougall Avenue, looking north-east at the commercial centre across the

street from subject lands.


Appendix E - Excerpts from Zoning By-Law 8600

Defenitions:

CELLAR means any part of a building where the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling next above.

COMMERCIAL CENTRE MAJOR means a lot, outside of the central business district, on which is located a building or a group of buildings which:

1. has a minimum gross floor area of 1,000.0 m2;

2. is intended for a mix of commercial uses;

3. is occupied, as main uses, by a minimum of four individual self-contained commercial establishments; and

4. all commercial establishments share a common parking area.

A commercial centre major may be occupied by any combination of uses which are permitted in the zoning district in which it is located, unless otherwise specifically provided by this by-law.

FOOD OUTLET - TAKE-OUT means a building for the sale of prepared food for consumption elsewhere that on the premises exclusively to walk-in customers and may also include the preparation of food sold at retail. A take-out food outlet or a take-out restaurant is a food outlet – take-out.

GROSS FLOOR AREA means the total combined floor area in square metres of all buildings on a lot, excluding the cellar of any building, measured from the outside face of the exterior walls of each building.

MEDICAL OFFICE means a building used by a physical health or mental health professional and their staff for the purpose of consultation, counselling, diagnosis and treatment of a patient and may also include as an accessory use a pharmacy. An ambulance service, medical appliance facility, personal service shop or veterinary office is not a medical office. RESTAURANT means a building used primarily for the preparation and serving of food and beverage to patrons for immediate consumption therein or within a physically defined open air sit down eating area located on the same lot therewith. It may include as an accessory use, entertainment exclusive of a dance floor. It does not include a food outlet – drive-through.



16.9 COMMERCIAL DISTRICT 3.9 (CD3.9)


Business Office

Child Care Centre

Medical Office

Personal Service Shop

Professional Studio

Retail Store for the sale of clothing

Veterinary Office

Existing Single Unit Dwelling

Any use accessory to the preceding uses. A drive-through facility and an Outdoor Storage Yard are prohibited.

16.9.5 PROVISIONS

.1 Lot Frontage

a) The lot line abutting Dougall Avenue shall be deemed the front lot line

b) Interior Lot – minimum / maximum 30.0 m / 90.0 m

c) Corner Lot – minimum / maximum 36.0 m / 90.0 m

.4 Building Height – maximum 7.50 m

.6 Rear Yard Depth – maximum 2.0 m


.8 Landscaped Open Space Yard – minimum 15.0% of lot area

.50 Parking area setback from a rear lot line 10.0 m

.60 Any addition to an existing Single Unit Dwelling shall be subject to the

following provisions:

a) Lot Width – minimum 18.0 m

b) Lot Area – minimum 540.0 m2

c) Lot Coverage – maximum 45.0%

d) Main Building Height – maximum 10.0 m

e) Front Yard Depth – minimum 6.0 m

f) Rear Yard Depth – minimum 7.50 m

e) Side Yard Width – minimum 1.80 m



Parking requirements for a Major Commercial Centre (exclusive of a hotel or motel), is 1 for

each 22.5 m² GFA


Appendix “F”

Draft Amending By-law

B Y - L A W N U M B E R -2018

A BY-LAW TO FURTHER AMEND BY-LAW NUMBER

8600 CITED AS THE "CITY OF WINDSOR ZONING BY-

LAW"

Passed the day of , 2018.

WHEREAS it is deemed expedient to further amend By-law Number 8600 of the Council of The

Corporation of the City of Windsor, cited as the "City of Windsor Zoning By-law" passed the 31st day of

March, 1986, as heretofore amended:

THEREFORE the Council of The Corporation of the City of Windsor enacts as follows:

1. That subsection 1 of Section 20, of said by-law, is amended by adding the following paragraph:

“341. For the lands comprising of Part Lot 48, Lots 49 to 55, and Part Closed Norfolk

Street, Registered Plan 1248 (PIN 013070610, 013070361, 013070612, 013070613,

013070614 & 013070831), situated on the west side of Dougall Avenue, north of Norfolk

Street, the following additional provisions shall apply:

a) The maximum lot frontage shall be 94.50 m

b) The minimum separation of a parking area:

1) from a rear lot line shall be 8.26 m

2) from a street shall be 0.90 m

c) A Restaurant and a Food Outlet – Take-out shall be additional permitted uses

subject to the following additional provisions:

1) The total combined gross floor area of any restaurant and/or food outlet –

take-out shall not exceed 15% of the gross floor area of the building.

2) Notwithstanding the definition of gross floor area, any portion of a

restaurant or food outlet – take-out located in a cellar shall be included in the

gross floor area when calculating the required number of parking spaces.

[ZDM 8; ZNG/5006]”

2. The said by-law is further amended by changing the District Maps or parts thereof referred to in

Section 1, of said by-law and made part thereof, so that the lands described in Column 3 are delineated by

a broken line and further identified by the zoning symbol shown in Column 5:

1. 2. 3. 4. 5.

Item Zoning Lands Affected Official Plan Zoning Symbol


Appendix “F”

Number District

Map Part

Amendment

Number

1 8 Part Lot 48, and Lots 49-55; PLAN 1248,

and Part Closed Norfolk Street (PIN

013070610 & PIN 013070361 & PIN

013070612 & PIN 013070613 & PIN

013070614 & PIN 013070831) situated

on the west side of Dougall Avenue, north

of Norfolk Street

- - S.20(1)341


Appendix “F”

DREW DILKENS, MAYOR

CLERK

First Reading - , 2018

Second Reading - , 2018

Third Reading - , 2018


Appendix “F”

SCHEDULE 2

1. By-law has the following purpose and effect:

To amend the zoning of Part Lot 48, and Lots 49-55, and Part Closed Norfolk Street (PIN

013070610 & PIN 013070361 & PIN 013070612 & PIN 013070613 & PIN 013070614 & PIN

013070831) situated on the west side of Dougall Avenue, north of Norfolk Street, by adding a site

specific provision to permit a Pharmacy as an additional permitted use, and allowing the

Maximum Lot Frontage to be 94.50m.

2. Key map showing the location of the lands to which By-law applies.


Appendix “F”


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Planning, Heritage & Economic Development Standing Committee

Meeting Held June 12, 2017

Request for site specific amendments to current zoning regulations and permitted uses to 5 properties located at 3169-3199 Dougall Ave. - Ward 1 Moved by: Councillor Kusmierczyk Seconded by: Councillor Sleiman Decision Number: PHED 479

I. That amendments to Zoning By-Law 8600 for changing the zoning of Part Lot 48, and Lots 49-55 Plan 1248, and Part Closed Norfolk Street (PIN 013070610 & PIN 013070361 & PIN 013070612 & PIN 013070613 & PIN 013070614 & PIN 013070831) situated on the west side of Dougall Avenue, north of Norfolk Street, municipally known as 3169-3199 Dougall Avenue;

a. for adding a Restaurant and a Take-Out Food Outlet as additional permitted uses BE DENIED

b. for increase in permitted building height BE DENIED

c. for reduction of required landscape separation of a parking area from a street BE APPROVED from 3 metres to 0.9 metres

d. for adding a site specific use of Pharmacy and site specific regulations BE APPROVED as follows:

“341 For the lands comprising of Part Lot 48, and Lots 49-55 Plan 1248, and Part Closed Norfolk Street (PIN 013070610 & PIN 013070361 & PIN 013070612 & PIN 013070613 & PIN 013070614 & PIN 013070831) situated on the west side of Dougall Avenue, north of Norfolk Street, municipally known as 3169-3199 Dougall Avenue, a " Pharmacy" is an additional permitted use, required separation of a parking area from the rear lot line is 8.3m, required separation of a parking area from a street is 0.9m, and the Maximum Lot Frontage is 94.50m: [ZDM 8; ZNG/5006]”

II. That administration BE REQUESTED to meet with the developer to design a suitable physical parking separation from Dougall Avenue related to I. (c) above.

Carried.


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Report No.: S 91/2017 Clerk’s File No: ZB/12691

(Administrative Report attached which was previously distributed as part of the

Standing Committee Agenda)

Clerk’s Note: The recommendation of the Standing Committee and Administration are not the same.


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Planning & Building Services

MISSION STATEMENT “Our City is built on relationships – between citizens and their government, businesses and public institutions, city and region – all interconnected, mutually supportive, and focused on the brightest future we can create together”

REPORT #: S 91/2017 Report Date: 5/24/2017

Author’s Contact: Sahar Jamshidi Planner II - Development Review 519-255-6543, x.6449 [email protected]

Date to Council: 6/12/2017

Clerk’s File #: ZB/12691

To: Mayor and Members of City Council Subject: Request for site specific amendments to current zoning regulations and permitted uses to 5 properties located at 3169-3199 Dougall Ave. - Ward 1 RECOMMENDATION:

I. That amendments to Zoning By-Law 8600 for changing the zoning of Part Lot 48, and Lots 49-55 Plan 1248, and Part Closed Norfolk Street (PIN 013070610 & PIN 013070361 & PIN 013070612 & PIN 013070613 & PIN 013070614 & PIN 013070831) situated on the west side of Dougall Avenue, north of Norfolk Street, municipally known as 3169-3199 Dougall Avenue;

a. for adding a Restaurant and a Take-Out Food Outlet as additional permitted uses BE DENIED

b. for increase in permitted building height BE DENIED

c. for reduction of required landscape separation of a parking area from a street BE DENIED

d. for adding a site specific use of Pharmacy and site specific regulations BE APPROVED as follows:

“341 For the lands comprising of Part Lot 48, and Lots 49-55 Plan 1248, and Part Closed Norfolk Street (PIN 013070610 & PIN 013070361


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& PIN 013070612 & PIN 013070613 & PIN 013070614 & PIN 013070831) situated on the west side of Dougall Avenue, north of Norfolk Street, municipally known as 3169-3199 Dougall Avenue, a " Pharmacy" is an additional permitted use, required separation of a parking area from the rear lot line is 8.3m, and the Maximum Lot Frontage is 94.50m: [ZDM 8; ZNG/5006]”

EXECUTIVE SUMMARY:

N/A

BACKGROUND:

KEY MAP OF SUBJECT LANDS:


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APPLICATION INFORMATION:

Location: 3169-3199 Dougall Avenue

Plan 1248 Part Lot 48, and Lots 49-55, and Part Closed Norfolk Street;

ROLL NUMBER: 080 370 17000 0000 & 080 370 17100 0000 & 080 370 17101 0000 & 080 370 17200 0000 & 080 370 17300 0000

PIN 013070610 & PIN 013070361 & PIN 013070612 & PIN 013070613 & PIN 013070614 & PIN 013070831

Ward: 1 Planning District: South Windsor Planning District ZDM: 8

Applicant: Millennium Trade & Investment Corp.

Authorized Agent: Dillon Consulting Limited – Pablo Golob; Karl Tanner

Proposal:

The applicant is requesting an amendment to Zoning By-law 8600 (CD3.9 Zoning) requesting the following to be added as a site specific provision for the subject lands:

1. Additional permitted uses of Pharmacy, Restaurant & Take-Out food Outlet 2. Increase in maximum permitted lot frontage from 90.0m to 94.49m 3. Reduction in required separation of a parking area from the rear lot line from

10.0m to 8.3m 4. Increase in maximum permitted building height from 7.5m to 9.8m for the flat roof

portion of the building. Height to the highest point of atrium’s sloped roof is 14.33m.

5. Reduction in required landscape separation of parking area from a street from 3.0m to 0.9m

The applicant has purchased the subject lands and is proposing development of a Major commercial centre to host a variety of medical offices, pharmacy, medical labs and other medical services, along with a restaurant and other permitted uses under CD3.9 zoning. The subject lands have Commercial District 3.9 (CD 3.9) zoning designation, as shown below on the Requested Zoning Amendment Map.


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SITE INFORMATION:

OFFICIAL PLAN ZONING CURRENT USES PREVIOUS USES

Commercial Corridor

CD 3.9

Vacant parcels, Single Family dwelling & Business

Office Single Family

Dwellings

FRONTAGE DEPTH AREAS SHAPES

94.49m 36.58m 3,658.35m2

Rectangle (irregular at the south end of the

property)

All measurements are approximate.

REQUESTED ZONING AMENDMENT MAP:


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NEIGHBOURHOOD MAP:


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NEIGHBOURHOOD CHARACTERISTICS:

Surrounding Land Uses:

The neighbourhood is south of Nottingham Street, north of Norfolk Street, along the west side of Dougall Avenue and east of Church Street. The zoning designations for subject lands is Commercial District 3.9 (CD 3.9) and the existing uses surrounding the subject lands are a mix of commercial and low-density residential.

Dougall Avenue is a Class II Arterial with an urban cross-section with sidewalks on both sides and full municipal services. The Dougall 6 bus route serves this portion of Dougall Avenue.

PUBLIC NOTICE:

The official notice as required by Ontario Planning Act is scheduled to be advertised in the Windsor Star newspaper on Friday, May 19, 2017. Courtesy notices will be mailed to all property owners and tenants within 120 metre of the subject parcels.

On Wednesday, August 10, 2016 a public meeting was held by Dillon Consulting (the agent for the applicant) at Roseland Golf and Curling Club, 455 Kennedy Dr W, Windsor. Staff from Dillon Consulting and from the architectural firm working on the development proposal, along with staff from City of Windsor’s Planning Department

were available to answer any questions and provide information to members of public. The meeting was attended by a handful of residents adjacent to subject lands and the public meeting summary prepared by Dillon Consulting is attached as Appendix F.

DISCUSSION:

PLANNING ANALYSIS:

BACKGROUND:

The applicant is requesting an amendment to Zoning By-law 8600 to add a site specific provision to allow a "Pharmacy", “Restaurant & Take-Out food Outlet” as additional permitted uses on the subject lands, while keeping their current zoning of Commercial District 3.9 (CD 3.9) and permitted uses. The applicant also proposes the following changes to the regulations of CD3.9 zoning:



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2. Reduction in required separation of a parking area from the rear lot line from 10.0m to 8.3m

3. Increase in maximum permitted building height from 7.5m to 9.8m for the flat roof portion of the building. Height to the highest point of atrium’s sloped roof is 14.33m.

4. Reduction in required landscape separation of parking area from a street from 3.0m to 0.9m

Currently the subject lands, municipally known as 3169-3199 Dougall Ave, consist of a few vacant parcels of land covered in grass and gravel and, 2 parcels with buildings used for commercial (3199 Dougall Ave.) and residential (3189 Dougall Ave.) uses.

This section of Dougall Avenue between Nottingham Street and Norfolk Street is in transition from residential to commercial use. Furthermore this section of Dougall Avenue is presently designated as ‘Commercial Corridor’ in the Official Plan. This

Commercial Corridor designation was subject to in depth reviews and a study in 2006 and 2007.

Originally on November 27, 2006, Council adopted resolution CR 562/2006 that directed Administration to study whether the existing Official Plan’s Commercial Corridor

Designation should remain in place and to study whether existing residential properties between Nottingham and Liberty should be redesignated to ‘Residential’. In addition a

proposed takeout restaurant at 3295 Dougall Avenue was denied by Council. On July 13, 2007, the Ontario Municipal Board issued Decision Number 1539, denying the rezoning for the take out restaurant 3295 Dougall Avenue. OMB also indicated that City of Windsor administration follow City Council’s direction given in CR 562/2006 and undertake the requested studies. The studies were done with substantial public consultation and subsequently through a new zoning designation (Commercial District 3.9 (CD3.9)) the zoning was brought into conformity with the Official Plan designation of Commercial Corridor. The zoning permitted limited uses that are considered compatible with the adjoining single unit residential uses. Furthermore the zoning limited the scale, massing and height of structures, and provided design criteria for future development.

The result was that the Commercial Corridor designation was considered appropriate for this section of Dougall Avenue and ultimately, after much public consultation, the new zoning of the properties on the west side of this section of Dougall Avenue was changed to a newly crafted zoning category of Commercial District 3.9 (CD3.9) on August 10, 2009.

PROVINCIAL POLICY STATEMENT, 2014 (PPS 2014):

The proposed amendment is consistent with the policy direction of the Provincial Policy Statement 2014 in that it promotes an accommodating an appropriate range and mix of


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employment and institutional and other uses to meet long-term needs of Healthy, liveable, safe and sustainable communities.

OFFICIAL PLAN:

The subject parcels are designated Commercial Corridor (fronting on Dougall Avenue) in Schedule D of the Official Plan (Volume I). The surrounding properties are also designated Commercial Corridor to the east (fronting on Dougall Avenue), and Residential to the west (fronting on Church Street.)

The Commercial Corridor land use designation is intended for areas which are designed for vehicle oriented commercial uses. Commercial Corridors take the form of commercial strips along Arterial and Collector roads within Windsor, while they strengthen and support the retail and service uses. The Residential land use designation, which applies to the lands located west of the subject lands, provides for low density residential use, which is a sensitive land use. Due to the close proximity of a sensitive land use (low density residential) to the commercial corridor, it is prudent to ensure impact of any commercial development on the residential area is minimized.

Relative objectives of Commercial land use designation and Commercial Corridors include promoting the stabilization, consolidation and improvement of existing commercial centres and corridors (6.5.1.3), locating commercial activities in areas which have sufficient and convenient access by all modes of transportation (6.5.1.4), ensuring that there are limited negative impacts of expanded commercial uses on adjacent sensitive uses (6.5.1.5), accommodating an appropriate range of commercial uses for the trade area (6.5.1.7), providing adequate off-street parking (6.5.3.7.d), providing appropriate landscaping or other buffers to enhance all parking lots, and outdoor loading and service areas; and providing adequate separation between the commercial use and adjacent sensitive uses (6.5.3.8.b.i - ii), and as a general rule, the height of buildings are to be consistent with the height of buildings which characterize the Commercial Corridor (6.5.3.8.c).

The application satisfies the Street Presence criteria in Section 6.5.3.3., and Infill Consolidation criteria in Section 6.5.3.4. No constraints have been identified.

The draft Site Plan provided by the applicant, which is for information only and has not been submitted for Site Plan approval yet, indicates that even though the proposed amendment conforms to some criteria in the Official Plan, it does not conform in other aspects and therefore it is not fully compatible with the surrounding areas in terms of


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scale, massing and height. This is due to the fact that regulations of CD3.9 zoning have been crafted to purposely prevent highly intensive commercial development taking place in such close proximity to the neighbouring low density residential uses located along Church Street. The reasons for incompatibility are discussed in detail in the Zoning section below.

ZONING:

As directed by Council and the OMB the study resulted in the current zoning of the subject lands. The Commercial District 3.9 (CD 3.9), was carefully crafted in recent years (2009-2010) with considerable public consultation and involvement of the residents in the neighbourhood adjacent to Dougall Avenue. The regulations of CD 3.9 follow the study criteria and recommendations to permit only small scale commercial uses, similar to the recent development (2012-2015) at 3335 Dougall Avenue, only one block south of subject lands. The aim is to keep the commercial development on the west side of Dougall Avenue at a lower profile (about 2 storey in height), and prohibit some commercial uses, such as restaurants and retail, from locating adjacent to the residential uses along Church Street. Strong concerns about potential restaurant use were raised by the by residents both before and during the study, and restaurant use along with retail were not permitted in CD3.9 zoning.

This section of Dougall Avenue, where the subject lands are located, is in transition from residential to commercial use. The current CD 3.9 zoning of the subject lands aims to strike a balance between the needs of new commercial developments and the needs of the neighbouring low density residential uses while minimizing the adverse impacts on the sensitive residential land use. The permitted uses and regulations under CD3.9 zoning are in place to prevent highly intensive commercial development taking place that will result in adverse impacts on the neighbouring low density residential uses.

The current development proposal is for a Major Commercial Centre (By-Law 8600 definition), having a substantial building footprint, 2 full storeys (plus) and a lower level (Cellar) of commercial use, while all of the proposed uses are high trip generators and have high parking space requirements. It must also be noted that the lowest level of the proposed structure is considered a Cellar according to Zoning By-Law 8600, and the floor area of any cellar is not included in the calculation of the Gross Floor Area (GFA) of structures (definition of Gross Floor Area in Zoning By-Law 8600.) Furthermore, since calculation of required parking is based on GFA of structures, and cellars are excluded from GFAs, no parking is being required for the lowest level of the proposed structure. However practically, parking will be needed for the restaurant or retail uses that are to be located within the cellar of the structure. With parking requirements being based only on the floor area of the top 2 floors, the applicant has indicated that they will


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be able to meet the requirements of a Major Commercial Centre for parking under Zoning By-Law 8600.

The draft proposal for the major commercial development on subject lands combines a variety of highly traffic generating uses together. At the same time the subject lands are not able to adequately meet the required regulations of the proposed uses. Planning Department and other departments and agencies have the following concerns with the proposed amendments to the Zoning By-Law:

1. Additional permitted use of “Restaurant, Take-Out Food Outlet & Pharmacy”

At the Planning Advisory Committee (PAC) meeting on February 4, 2009, when the subject properties were being studied for rezoning, one of the main concerns of the neighbouring residents and PAC were compatibility of the commercial uses with the existing low density residential uses. Retail use was discussed in 2009 and resulted in almost all retail uses being excluded. Previous restaurant proposals have been met with opposition from the neighbors. Due to the fact that restaurants generate high number of vehicular trips and also require ample on-site parking (By-Law 8600 requirements), Planning Department does not consider the proposed additional use of “Restaurant and Take-Out Food Outlet” on this site compatible with the

neighbouring low density residential uses. The restaurant use remains in the development proposal (located in the cellar.)

The proposed use of a Pharmacy can be supported by Planning Department, since it is compatible and part of the proposed medical centre and will not generate high volumes of traffic on its own, when compared to a restaurant. Also it must be noted that previously the use of a Pharmacy was not defined on its own in Zoning By-Law 8600, and it fell under the umbrella of definition for Retail. Current amendments to Zoning By-Law 8600 have added a separate definition for a Pharmacy, which is distinct from the Retail definition.

2. Maximum lot frontage

The aspect of frontage was discussed as to the scale of proposed development. The proposed increase in lot frontage from 90.0m to 94.49m is not considered


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substantial in a way that would allow a much larger development to take place on site. Also the current existing medical development at 3335 Dougall Avenue also has a lot frontage of 93.88m (approved through a Committee of Adjustment minor variance application), which has not resulted in major adverse impacts to the surrounding neighbourhood. Furthermore the current irregular configuration of the subject lands causes the frontage of the lots to exceed the 90.0m maximum by less than 5 metres. Planning Department is able to support the requested amendment to maximum lot frontage from 90.0m to 94.49m.

3. Reduction of minimum rear yard setback for a parking area

The current requirement of 10m minimum rear yard setback for a parking area has been put in place to protect and provide separation to the existing abutting low density residential uses. The low density residential use is a sensitive land use and the proposed development is providing the set back of 8.3m for the parking area, which is adequate to achieve the desired protection for the residential uses. There is also a 4.27m wide alley separating the commercial development from residential properties, and therefore this reduction in rear yard setback can be supported by the Planning Department.

It must be noted that during the public meeting with the neighbouring residents, held on August 10. 2016, the property owners of 3198 Church Street indicated that they want the existing established landscaping located within the alley (open municipal right-of-way) between their property and the subject lands to remain undisturbed as it provides buffering from the proposed development.

4. Increase of maximum building height

Section 6.5.3.3(a) of City of Windsor’s Official Plan states the following as it

relates to building height on Commercial Corridors:

“Council will encourage Commercial Corridor development to provide a

continuous street frontage and presence. Accordingly, development along

a Commercial Corridor shall be no more than two storeys in height, except

on lands immediately adjacent to an intersection with a Class I or Class II

Arterial Road or Class I or Class II Collector Road where the height of the

building(s) may be no more than six storeys in height”

The intersection of Dougall Avenue (Class II Arterial) and Norfolk Street (Class II Collector) meets the above requirements of the Official Plan to possibly allow a


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building height of up to 6 stories high; however the CD3.9 zoning designation of subject lands specifically has capped the maximum building height to 7.5 m. As discussed earlier this section of Dougall Avenue was subject to in depth studies which resulted in the specific CD3.9 zoning designation being crafted for the section of Dougall Avenue between Nottingham Street and Liberty Street.

The current requirement of 7.5m maximum building height has been put in place to protect the existing low density residential uses by keeping the massing and the height of the building at a lower profile. The intention of the Zoning By-Law in the case of restricting building height is to reduce the adverse impact of commercial development by keeping the building profile low, similar to the building at 3335 Dougall Avenue to preserve the privacy of adjacent residential properties. The proposed building height of 9.8m to roof line (not including the extended parapet height and also atrium’s sloped roof height of 14.33m) does not achieve the desired protection for the residential uses and is not supported.

5. Reduction of landscape separation of parking area from a street The requirement of 3m separation of a parking area from a street is a general requirement under Zoning By-Law 8600 parking area regulations and is not specific to the CD3.9 zoning. This general requirement applies to any parking area abutting a street. The purpose of this landscape area is to reduce potential conflicts by separating and providing enough buffering between the parking area where maneuvering of vehicles takes place, and the pedestrian activities on the sidewalk. Landscaping treatments along the private property line should visually screen parked vehicles, but not completely obstruct views into and out of the parking lot for the purpose of supporting pedestrian safety and security. The requested reduction of this separating from 3.0m to 0.9m is not supported by Planning Department as it does not provide adequate space for either the separation of pedestrian and vehicular activities, or proper screening to be provided in the buffer area.

6. Number of parking spaces

Currently the applicant is able to meet the requirements of the zoning by-law and provide adequate parking for the Major Commercial Development that they are proposing.

Planning Department’s review of the existing commercial medical (dental)

development at 3335 Dougall Avenue, one block south of subject lands, indicates that the parking area provided for this smaller scale commercial use is at full


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capacity during business hours. The development at 3335 Dougall Avenue has been built meeting the regulations of CD3.9, and it is obvious that on-site parking is in high demand. As mentioned earlier, at 3169-3199 Dougall Ave. no parking is being provided for the uses being located in the Cellar of the proposed structure, if the applicant is not able to meet the requirements of Zoning By-Law 8600 for Major Commercial Centre, they will be faced with a parking deficiency, which will prevent them from obtaining Site Plan Approval and building permit, until the parking deficiency is eliminated or addressed in some way. The proposed uses at 3169-3199 Dougall Ave. are high traffic generators and it is crucial that parking needs for this development are adequately met according by zoning by-law requirements.

No Transportation Impact Study or Parking Study have been provided for this proposed development at this point.

RISK ANALYSIS:

N/A

FINANCIAL MATTERS:

N/A

CONSULTATIONS:

Agencies/Departments:

Comments from municipal departments and external agencies are in Appendix A.

A variety of concerns have been brought forward by various departments and agencies related to the following items, which were discussed in detail earlier in the report:

a. Use of restaurant and Take-Out food Outlet b. Building Height and Massing c. Reduction in landscaped area separation for a parking area from a street d. Providing adequate required parking for a Major Commercial Centre


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It must be noted that subsequent to this rezoning application the proposed development on subject lands will be subject to Site Plan Approval application. At the time of Site Plan Approval a Parking study and a Transportation Impact Study prepared by a qualified professional, and deemed acceptable by the Manager of Transportation Planning, most likely will be required.

CONCLUSION:

PLANNER’S OPINION AND CONCLUSIONS:

As the author of this report, I will not be able to support the proposed development on the subject lands with all the requested amendments by the applicant. A development much closer in conformity to the existing zoning uses and regulations will be possible to support. Consequently only the following requested amendments can be supported:

1. Additional permitted use of a Pharmacy 2. Minor increase in maximum lot frontage 3. And a slight decrease in separation of a parking area from the rear lot line.

Restaurant & Take-Out food Outlet uses normally are high trip generators and have high parking needs, which will be hard to accommodate on this site in combination with medical offices and other uses, and therefore are not being supported. Reduction in required standard separation of a parking area from a street is not appropriate as it brings the parking area too close to the sidewalk. The proposed reduction reduces the buffering and screening between the parking area and the sidewalk and will not be supported. The increase in maximum permitted building height is not compatible with the abutting low profile residential neighbourhood and will not be supported as the current height restrictions were specifically put in place to protect the neighbouring residential properties.

The three recommended Zoning By-law amendments above (one additional permitted use of a Pharmacy, a minor increase in maximum lot frontage, and a slight decrease in separation of a parking area from the rear lot line) are consistent with the Provincial Policy Statement 2014. Only these recommended zoning changes are compatible with the physical fabric of the neighbourhood and will be in conformity with the Official Plan. The three above mentioned amendments which are being supported by Planning Department do constitute good planning.


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Sahar Jamshidi, M.U.P., C.E.T.

Planner II – Development Review

PLANNING ACT MATTERS:

I concur with the above comments and opinion of the Planner.

Insert Name, Title



WHDV SAH OC

APPROVALS:

Name Title

Don Wilson Manager of Development Applications

Thom Hunt City Planner/Executive Director



Onorio Colucci Chief Administration Officer

NOTIFICATIONS:

Don Wilson, MCIP, RPP

Manager of Development Applications

Thom Hunt, MCIP, RPP

City Planner


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Name Address Email

Councillor Fred Francis

350 City Hall Square West, Suite 203 Windsor, ON N9A 6S1

[email protected]

Dillon Consulting Limited c/o Karl Tanner

3200 Deziel Drive, Suite 608 Windsor, ON N8W 5K8 [email protected]

APPENDICES: 1 Appendix A - Comments from Municipal Departments & Other Agencies 2 Appendix B - Draft Site plan 3 Appendix C - Site Visit Photos 4 Appendix D - Excerpts from Zoning By-Law 8600 5 Appendix E - Draft Amending By-Law [ZNG-5006] 6 Appendix F - Public Meeting Summary Report [ZNG-5006]




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Subject: Downtown Windsor Enhancement Strategy and Community Improvement Plan Grant Application for the Commercial/Mixed Use Facade Improvement Grant Program made by SVB Realty Inc. at 212-248 Erie Street West, Ward 3

Reference:


Author: Laura Diotte, MCIP, RPP Planner III - Special Projects

519-255-6543 x6396 [email protected]

Planning & Building Services Report Date: 3/1/2018

Clerk’s File #: SPL/10759


Recommendation:

I. THAT the request made by SVB Realty Inc. (owner) to participate in theCommercial/Mixed Use Facade Improvement Grant Program BE APPROVED for

50% of the eligible costs or a maximum of $27,500 for masonry repair andstorefront renovations at 212-248 Erie Street West pursuant to the DowntownWindsor Enhancement Strategy and Community Improvement Plan.

II. THAT Administration BE DIRECTED to prepare an agreement between the City

and SVB Realty Inc. (Owner) to implement the Commercial/Mixed Use FacadeImprovement Program for 212-248 Erie Street West in accordance with allapplicable policies, requirements, and provisions contained within the Downtown

Windsor Enhancement Strategy and Community Improvement Plan to thesatisfaction of the City Planner as to content, the City Solicitor as to legal form,

and the CFO/City Treasurer as to financial implications.

III. THAT the CAO and City Clerk BE AUTHORIZED to sign the Commercial/Mixed

Use Facade Improvement Grant Agreement for 212-248 Erie Street West.

Executive Summary:

N/A

Item No. 11.1


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Background:

The Downtown Windsor Enhancement Strategy and Community Improvement Plan (Downtown CIP) was adopted by City Council on September 29, 2017 and an adopting by-law was passed by City Council on October 16, 2017.

The Downtown CIP provides financial incentives to encourage new residential development, retail investment, facade improvements, and building/property

improvements.

SVB Realty Inc. has applied for the Commercial/Mixed Use Building Facade Improvement Grant Program and Building/Property Improvement Tax Increment Grant

Program for the mixed use building at 212-248 Erie Street West, which is located on the north west corner of Victoria Avenue and Erie Street West (as shown on Appendix A).

The building is a two (2) storey, red brick building with five (5) commercial units on the ground floor fronting Erie Street and four (4) residential apartments on the second storey. One (1) commercial unit is occupied with a beauty salon and the other four (4)

units are currently vacant. Appendix B contains a photograph of the current building.

Discussion:

Commercial/Mixed Use Facade Improvement Grant Program

The Commercial/Mixed Use Facade Improvement Grant Program is intended to encourage the redesign, renovation or restoration of commercial and mixed-use building facades in Downtown Windsor. The facade improvement grant program guidelines

contained within the Downtown CIP encourages the restoration of facades to their original state using authentic or original materials. Products used in the restoration of a

facade should contain materials that match the texture, colour, size, shape and detail of the original material where possible.

The grant program allows for a 50% matching grant up to a maximum of $20,000, and

an additional $10,000 per property where facade improvements are also undertaken on a side and/or rear facade that is highly visible from an adjacent street or public right-of-

way or park; or is designated under the Ontario Heritage Act or the Municipal Heritage Register.

The building is located on a corner property with the commercial storefronts fronting

onto Erie Street West. The east elevation along Victoria Avenue contains a large store window into the corner commercial unit, however the applicant is not proposing

masonry repair or new windows on the east elevation.

The building is listed on the Municipal Heritage Register (not designated), therefore Council can approve a 50% matching grant up to a maximum of $30,000 of the eligible

costs for the proposed facade improvements.

Building/Property Improvement Tax Increment Grant Program

The applicant has applied for the Building/Property Tax Increment Grant Program. The tax increment program provides an annual grant equal to 100% of the increase in municipal property taxes for five years, with the possibility of an extension up to a total

of ten (10) years, after the project is completed and reassessed to help offset the costs


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of rehabilitating and redeveloping properties, as long as such development results in an increase in assessment and therefore an increase in property taxes. It is unlikely the

proposed improvements to the building will result in an increased assessed value, and therefore unlikely to increase taxes as a direct result. This report does not recommend approval for this program, as taxes are not likely to increase.

Proposed Facade Improvements

Masonry Work – applicant submitted quote for $45,200 – The applicant is proposing

restoration to the front and back of the building, therefore only the part of this estimate that addresses the front facade (approximately $22,600) would be considered an eligible cost towards the grant. The applicant proposes the following masonry work:

- Removal and replacement of all masonry joints (approximately 1 ¼ inch) from top to bottom;

- Removal and replacement of all effected (soft or badly damaged) bricks;

- Chemical wash (using ‘Sure Klean’ brick cleaner) followed by water wash; and

- Application of Chemstop WB Regular/heavy duty water based sealer.

All of the above work is considered eligible costs under the Downtown CIP grant program.

Storefront Renovation – applicant estimates costs at $27,500 for five (5) commercial

units – The applicant is proposing renovated storefronts with a new glass door, new clear glazing windows, moldings, trim and EIFS (Exterior Insulation Finishing System),

all painted black. Appendix C contains the applicants’ vision for the storefront renovations, and Appendix D contains a sketch showing the proposed proportions.

The applicant has worked with urban design staff to design a storefront that has

traditional commercial storefront proportions that typically have large windows. The applicant is proposing to install moldings, windows, doors and signage on each unit as

follows:

- Two (2) windows – 66 inches x 72 inches;

- One (1) entrance door – Polyflex prefinished door painted black, 38 inches x 95

inches;

- Frieze/signboard and window sill/base finsihed with EIFS, painted black;

- Border moldings and casing around window door and frieze; and,

- Wall mounted sign bracket.

The applicant does not propose to remove or cover over existing brick or stone

elements of the facade. The applicant does not propose to paint stone details on the building, except the stone details around door frames that were already painted. The

applicant proposes to paint the cornices that are not stone from brown to black to coordinate with the proposed black storefronts.


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The applicant is requested by urban design staff to complete the masonry repair prior to renovating the storefronts to ensure the chemical wash or debris from the masonry

repair does not damage the renovated storefronts. The applicant will be completing the work in phases starting with the masonry work, then completing the storefronts as tenants are secured for the commercial units.

The total estimated eligible costs for the proposed facade improvements is $50,100. Due to the scope of the proposed facade improvements it would be fair to provide for a

+/-10% cost increase on the total estimate eligible cost, making the estimate eligible cost $55,000. Therefore staff recommend a maximum grant of fifty percent (50%) of the eligible costs, making the recommended grant amount $27,500.

Heritage Comments

The subject property is listed on the Windsor Municipal Heritage Register. The acting

Heritage Planner was consulted on the subject application. The acting Heritage Planner has advised that the building is a good example of vernacular commercial building and the proposed proportions of the storefronts are authentic to historical storefronts during

the era of construction of the subject building, where large glass windows are located on either side of a central entrance.

Risk Analysis:

There is low risk associated with approval of the subject CIP application. Staff will

inspect the work after completion to ensure it meets the Downtown Windsor Enhancement Strategy and Community Improvement Plan and that the work was

carried out in accordance with the agreement before the funds are paid to the applicant.

Financial Matters:

The facade improvement program provides 50% matching grant to a maximum of

$20,000, plus an additional $10,000 as the property is listed on the Municipal Heritage Register. The total estimated eligible costs for the proposed facade improvements is

$50,100. Due to the scope of the proposed facade improvements it would be fair to provide for a +/-10% cost increase on the total estimate eligible cost, making the estimate eligible cost $55,000. Therefore staff recommend a maximum grant of fifty

percent (50%) of the eligible costs, making the recommended maximum grant amount $27,500.

The property has an outstanding building permit on file and the applicant has advised that the completion is imminent. The incentive program requirements in the Downtown CIP stipulated that the applicant must address all outstanding work orders and/or other

fees from the City (including tax arrears) against the property to the satisfaction of the municipality prior to the grant being paid. Before the grant is paid out, staff will ensure

that all outstanding orders are resolved on the property.

The applicant will be completing the work in phases starting with the masonry work, and then completing the storefronts as tenants are secured for the commercial units. The

agreement prepared by administration will allow for partial payment of the grant as phases of the work are completed. The total maximum grant for the property will remain

50% of the eligible costs, to a maximum of $27,500 for the property.


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If approved, the funds would come from the City Centre Community Development Planning Fund (Project #7011022). The current balance of uncommitted funds is

$720,670.23.

Consultations:

Kristina Tang, Acting Heritage Planner (Planning and Building Services)

Adam Coates, Planner II – Urban Design (Planning and Building Services)

Don Nantais, Financial Planning Admin. (Financial Planning)

Roger Lauziere, Manager of Property Assessment (Taxation & Financial Projects)

Conclusion:

Staff recommend approval of the Commercial/Mixed Use Facade Improvement Program

for 212-248 Erie Street West. The proposed facade improvements will enhance the heritage character and contribute to the visual appearance of the neighbourhood.


N/A

Approvals:

Name Title

Neil Robertson Manager of Urban Design

Thom Hunt City Planner/Executive Director of Planning and Building Services



Don Nantais Financial Planning Admin.

Joe Mancina Chief Financial Officer/City Treasurer


Notifications:

Name Address Email

SVB Realty Inc. [email protected]

Appendices:

1 Appendix A - Location Map

2 Appendix B – Current Building


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3 Appendix C – Example Storefront 4 Appendix D – Applicants Proposal


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Subject: Economic Revitalization Community Improvement Plan (CIP) application submitted by 2563712 Ontario Ltd. and 2324317 Ontario Ltd. (WRA Clinics) for property located at 1558-1560 Ouellette Avenue, 1568 Ouellette Avenue, 0 Dufferin Place, and 1559 Dufferin Place

Reference:


Author: Greg Atkinson, Senior Planner 519-255-6543 ext. 6582

[email protected] Planning & Building Services Report Date: 2/23/2018

Clerk’s File #: SPL/10759


RECOMMENDATION:

I. THAT the request made by 2563712 Ontario Ltd. and 2324317 Ontario Ltd. to

participate in the Business Retention and Expansion Grant Program BE

APPROVED for 100% of the municipal portion of the tax increment resulting from

the proposed development of eligible uses located at 1558-1560 Ouellette

Avenue, 1568 Ouellette Avenue, 1559 Dufferin Place, and 0 Dufferin Place for 10

years or until 100% of the eligible costs are repaid pursuant to the City of

Windsor Economic Revitalization Community Improvement Plan; and

II. THAT, Administration BE DIRECTED to prepare an agreement between the City,

2563712 Ontario Ltd., and 2324317 Ontario Ltd. to implement the Business

Retention and Expansion Grant Program and in accordance with all applicable

policies, requirements, and provisions contained within the Economic

Revitalization Community Improvement Plan to the satisfaction of the City

Planner as to technical content, the City Solicitor as to legal form, and the

CFO/City Treasurer as to financial implications; and

III. THAT, the CAO and City Clerk BE AUTHORIZED to sign the Business Retention

and Expansion Grant Agreement.

Item No. 11.2


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EXECUTIVE SUMMARY:

N/A

BACKGROUND:

City Council approved the Economic Revitalization Community Improvement Plan (CIP)

at its January 31, 2011 meeting via CR 50/2011. The adopting By-law 30-2011 was

passed by Council at its February 14, 2011 meeting.

The Economic Revitalization CIP provides financial incentives to encourage new

investment in targeted economic sectors for the purposes of diversifying the local

economy and creating/retaining jobs. The CIP allows the City to take a variety of

measures to further the objectives of the Economic Revitalization CIP that would

otherwise be prohibited by Ontario’s Municipal Act. This includes the acquisition and

preparation of land; construction, repair, rehabilitation or improvement of buildings; the

sale, lease or disposal of land and buildings; and the provision of grants to owners or

tenants of land—all of which must conform with the objectives and policies contained

within the CIP.

To date, City Council has approved 24 applications submitted under the CIP

representing a range of targeted economic sectors including manufacturing, research

and development, creative industries, logistics, health & life sciences, and tourism.

2324317 Ontario Ltd. is the corporate identity of WRA Clinics—a network of

independent health facilities with ten locations in Windsor, Tecumseh, Essex,

Amherstburg, and Chatham. WRA Clinics currently operates within the building located

at 1568 Ouellette Ave (Map 1). 2324317 Ontario Ltd. owns 1558-1560 Ouellette

Avenue and 0 Dufferin Place.

2563712 Ontario Ltd. is a real estate development company that is proposing to

develop a new medical office facility Downtown Windsor, which will be leased to WRA

Clinics. 2563712 Ontario Ltd. owns 1568 Ouellette Avenue and 1559 Dufferin Place.

The two numbered companies (Applicant) are owned and operated by the same

shareholders, CEO, and leadership team.

The subject site is comprised of all four properties collective owned by the two

numbered companies (i.e. 1558-1560 Ouellette Avenue, 1568 Ouellette Avenue, 0

Dufferin Place, and 1559 Dufferin Place—see Map 1). The total site area is 0.25

hectares or 0.62 acres. The site is designated for mixed use the City’s Official Plan and

zoned Commercial District (CD 3.5), which permits a range of commercial, office, and

residential uses.


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There are currently two buildings fronting on Ouellette Avenue and one fronting Dufferin

Place that would be demolished to facilitate development of the new facility.

DISCUSSION:

Business Retention and Expansion Grant Program

The Business Retention and Expansion Grant Program is intended to stimulate

investment in targeted economic sectors for the purpose of retaining jobs and

encouraging existing businesses to expand in Windsor. Manufacturing businesses

retaining or adding a minimum of 50 jobs are eligible to apply under the program. Other

eligible sectors retaining a minimum of 35 jobs or adding more than 20 jobs are also

eligible.

Successful applicants may receive an annual grant for up to 100% of the municipal

property tax increase created by an investment in development or redevelopment of a

building or property—provided it conforms with the Economic Revitalization CIP. The

annual grants may continue, at Council’s discretion for up to 10 years or until up to

100% of the eligible investment costs are repaid.

Eligible Sector

The second floor of the proposed facility would be the permanent location of WRA

Clinic’s CEO and executive leadership team, which are responsible for overseeing the

operations of the clinical network. The Applicant is eligible under the Management of

Companies and Enterprises sector, in particular as a:

Corporate Office

A facility or building that is the permanent working location of senior level management

employees primarily engaged in administering, overseeing, and managing other

establishments of the company or enterprise. These establishments normally

undertake the strategic or organizational planning and decision making role of the

company or enterprise.

Canadian Head Office

A facility or building that is the permanent working location of the company’s executives and

senior level management that are primarily engaged in providing general management

and/or administering, overseeing, and managing other establishments of the company or

enterprise. A head office is only recognized as a production unit if it is located in a separate

physical location than the rest of the company or enterprise.


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Employment

According to the CIP application WRA Clinics currently employs 80 people within City of

Windsor and an additional 35 people in surrounding communities. 13 existing jobs

related to the corporate office function would be retained Downtown Windsor and 22

jobs would be created at the subject site as a result of the proposed development over

the 10 year lifespan of the grant program.

Proposed Redevelopment

It is proposed that 1558-1560 Ouellette Avenue and 1559 Dufferin Place be demolished

to make room for new 836 square metre (9,000 square foot) office building. The

existing WRA Clinics facility located at 1568 Ouellette Avenue would be demolished and

incorporated into the overall site following construction of the proposed office building.

The existing WRA Clinics facility would continue to operate while the new building is

being constructed.

Economic Multiplier Impact

The investment by WRA Clinics was assessed using the Economic Modeling Input-

Output tool from the Ontario Ministry of Agriculture Food and Rural Affairs. Based on

the latest modelling data from Statistics Canada (2011), the ripple effect (multiplier

impact) of adding 22 jobs to the medical and diagnostics office sector (NAICS 6215) in

Windsor would result in an estimated total of 29 jobs (direct, indirect and induced) and a

local increase of over $1.1M in total annual wages (see Appendix B for details).

During the construction/renovation of the medical office the multiplier impact of a

proposed $2.7M investment estimates approximately 20 jobs (direct, indirect, and

induced) will be supported in the non-residential commercial construction sector in

Windsor and a local increase of over $826k in total annual wages.

CIP Objectives

The proposed redevelopment and recommended Business Retention and Expansion

Grant support the following CIP objectives:

Encourage capital investments that create new and/or maintain existing permanent

jobs, as well as short-term construction jobs that contribute to the reduction of the

unemployment rate;

Provide financial incentive programs that are attractive to potential investors and

corporate decision-makers, but are balanced with expectations of City taxpayers and

the City’s ability to fund the financial incentive programs; and

Support investment and development that results in an increase in property

assessment and grows the non-residential municipal tax base over the long-term.


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RISK ANALYSIS:

There is little risk associated with the approval of the CIP application. Staff resources

are required for the upfront administration of the grant program and finalization of the

legal agreement. Limited staff resources related to on-going monitoring of the

employment use and issuance of annual grants will also be required over the next ten

years.

FINANCIAL MATTERS:

The tax increment portion of the Business Retention and Expansion Grant is not

calculated or paid out until all eligible work is completed and the property is reassessed

by the Municipal Property Assessment Corporation (MPAC). Reassessment of the

property must result in an increase in assessment value. The grant amount is

recalculated annually based on the actual assessed property value, tax class, and

municipal tax rate.

The applicant proposes to invest a total of $ 2,745,000 on new building construction,

demolition, site preparation, and development fees. The investment is estimated to

increase the collective property value assessment of the four properties by $541,500.

Planning and Finance staff have prepared pro-forma calculations (Figure 1) to provide

an understanding of the potential grant magnitude.

Year of

Grant

Pre-

Development

Municipal Tax

Levy

Estimated Post-

Development

Municipal Tax

Levy

Estmated Grant

(adjusted for

50% eligible

gross floor area)

1 $26,633 $50,278 $11,822

2 $26,633 $50,278 $11,822

3 $26,633 $50,278 $11,822

4 $26,633 $50,278 $11,822

5 $26,633 $50,278 $11,822

6 $26,633 $50,278 $11,822

7 $26,633 $50,278 $11,822

8 $26,633 $50,278 $11,822

9 $26,633 $50,278 $11,822

10 $26,633 $50,278 $11,822

Total $266,330 $502,777 $118,224

DETAILS

Current Property Value Assessment (4 properties)

Current Municipal Tax Levy (4 properties)

Estimated Post-Development Property Value Assessment

Estimated Post-Development Municipal Tax Levy

Estimated Eligible Investment Costs

Eligible Investment Offset by Recommended Grant

Figure 1: Estimated Grant Calculation

$23,645

$23,645

$236,447

$23,645

$23,645

$23,645

$23,645

$23,645

4%

Municipal Tax

Increment

$23,645

$23,645

$23,645

$958,500

$26,633

$1,500,000

$50,278

$2,745,000


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The estimated annual increase in municipal tax levy would be $23,645. Because the

medical office proposed to be located on the first floor of the building is not an eligible

use under the CIP the grant payments would be reduced by approximately 50%, which

is the portion of gross floor area that would be occupied by the ineligible use. This

would yield an estimated annual grant of $11,822 or a total maximum grant value of

$118,224 over the 10 year lifespan of the program. This would represent approximately

4% of the eligible investment in the property made by the Applicant.

Because the Business Retention and Expansion Grant Program does not cancel taxes,

the applicant must pay the full amount of property taxes annually and will subsequently

receive a grant for approximately 50% of the difference between the pre and post-

development municipal taxes that are attributed to the eligible use. The City will retain

the amount of pre-development (base) municipal taxes and increased municipal taxes

attributed to any ineligible uses throughout the lifespan of the grant program.

CONSULTATIONS:

The Economic Revitalization CIP was subject to extensive stakeholder and public

consultation as part of the approval process, including public open houses, statutory

public meetings of Council and circulation among internal City staff and the Province.

Planning staff have consulted with the applicant prior to accepting the application for the

Business Retention and Expansion Grant Program. Staff from the Planning, Finance,

and Legal departments as well as the CAO’s Office were consulted in the preparation of

this report.

CONCLUSION:

Administration recommends that Council approve the request from 2563712 Ontario

Ltd. and 2324317 Ontario Ltd. to participate in the Business Retention and Expansion

Grant Program. Specifically, that 100% of the municipal portion of the tax increment

resulting from the proposed development of eligible uses be provided as an annual

grant for up to 10 years or until 100% of the eligible costs are repaid.

The corporate office portion of the planned redevelopment conforms with the Economic

Revitalization CIP, assists the City in the achievement of a number of the CIP

objectives.


N/A


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Approvals:

Name Title

Michael Cooke Manager of Planning Policy

Thom Hunt City Planner



Janice Guthrie Deputy Treasurer

Joe Mancina Chief Financial Officer

Onorio Colucci CAO

Notifications:

Name Address Email

Samip Shah [email protected]

Appendices:

Map 1: Location

Appendix A: Business Plan Overview

Appendix B - Multiplier Impact – Input-Output Model


Appendix A: Business Plan Overview February 2018

2563712 Ontario Limited, a real estate development company, is planning to redevelop four contiguous properties located between Ouellette Avenue and Dufferin Street. The new development, estimated to be approximately 9,000 square feet, will be leased to 2324317 Ontario Limited (dba “WRA Clinics”). WRA Clinics is a network of outpatient independent health facilities (IHFs) with 9 locations in Windsor, Tecumseh, Essex, Amherstburg and Chatham (expanding to 10 in Q1 2018). The new development will be leased to WRA Clinics for the following uses:

1. Company Main Office / Headquarters (45%) – the new development will be the permanent head office for WRA Clinics’ CEO and Executive Leadership team. This team is responsible for developing and executing the company’s growth strategy as well as overseeing the operations of the entire clinical network. The Executive Leadership Team includes:

o CEO o Director of Shared Services o Director of Finance o Director of Clinical Quality o Ultrasound Operations Lead o Ultrasound Training Lead o Centralized Booking & Reception Manager o Billing Manager

Healthcare Business Incubator – although in the early days of planning, WRA Clinics plans to launch a new WRA Heath Incubator to foster the creation and development of new healthcare businesses across the City of Windsor.

2. Physician Recruitment (15%) – as WRA continues to expand the business, we

continually need to expand our network of physicians. Physicians include Radiologists who are able to read diagnostic images for the clinics and even more important, referring / complementary physicians whose patients require our Diagnostic Imaging services.

3. WRA Clinics’ Diagnostic Imaging Center (40%)– WRA Clinics is planning to open a state-

of-the-art Diagnostic Imaging Center, utilizing part of the new development’s ground floor. This center will have walk-in X-Ray as well as scheduled appointments for Ultrasound, Fluoroscopy, Bone Mineral Density (BMD) Mammography and Vascular Ultrasound.

While we have evaluated several different relocation options across Southwest Ontario, our organization continues to be committed to the revitalization of the downtown core. With the


Appendix A: Business Plan Overview February 2018

new corporate headquarters and expanded clinical space, we anticipate creating 14 to 18 new FTE jobs and retaining 16 to 19 existing FTE jobs upon completion of this redevelopment.


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Appendix B - Multiplier Impact – Input-Output Model

To determine the regional economic impact of this project, OMAFRA’s Analyst tool was utilized to model two scenarios. Analyst is a web-based tool that provides data on regional economies and workforces. Analyst combines multiple national data sources, harmonizing them to take advantage of the strengths of each source. Statistics Canada data sources include:

Canadian Business Patterns (CBP)

2001, 2006, and 2011 Census data

Survey of Employment, Payroll and Hours (SEPH)

Labour Force Surveys (LFS)

Canadian Occupational Projection System (COPS)

CANSIM Demographics

Postsecondary Student Information System Education Data (PSIS)

Input-Output models map out linkages within an economy by tracing the connections between industries, households and government. The Input-output model can help predict the ripple (multiplier) effects of specific changes within a regional economy such as the addition of jobs or an increase in sales in a specific industry. WRA Clinic’s project was modelled for two scenarios - “during construction” and “post construction”. During Construction

Based on a proposed $2.7 Million investment to construct the new building, the multiplier effect estimates approximately 20 jobs will be supported in the non-residential commercial construction sector in the Windsor CMA; this includes direct, indirect and induced jobs. The following is a breakdown of the sector specific jobs estimated to be impacted:

NAICS Industry Change in Jobs

23 Construction 9

31-33 Manufacturing 2

54 Professional, scientific and technical services 2

44-45 Retail trade 2

41 Wholesale trade 2

72 Accommodation and food services 1

56 Administrative and support, waste management and remediation services

1

52 Finance and insurance 1

81 Other services (except public administration) 1

In addition the average annual salary across the sectors for all 20 jobs is estimated at $40,555. This equates to $826K estimated increase in wages for the Windsor CMA.


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This data is generated from OMAFRA’s Input-Output model. It is based on data from StatCan's National Symmetric Input-Output table, National Household Survey commuting flows, Canadian Business Patterns. Post Construction

There are currently a reported 225 jobs in the medical and diagnostics (NAICS 6215) sector in the Windsor CMA. Based on the latest modelling data from statistics Canada (2011), the ripple (multiplier effect) from adding 22 jobs to this sector in the Windsor CMA would result in a total estimated 29 jobs (direct, indirect and induced) in the following sectors:

NAICS Industry Change in

Jobs

62 Health care and social assistance 23

44-45 Retail trade 2

72 Accommodation and food services 2

81 Other services (except public administration)

2

31-33 Manufacturing 1

In addition the average annual salary across the sectors for all 29 jobs is estimated at $37,721. This equates to a $1.1 million estimated increase in wages for the Windsor CMA.

This data is generated from OMAFRA’s Input-Output model. It is based on data from StatCan's National Symmetric Input-Output table, National Household Survey commuting flows, Canadian Business Patterns.


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