THE WALKER POWER BUILDING INC. Zoning By-law Amendment · THE WALKER POWER BUILDING INC. Planning Justification Report – Zoning By-law Amendment September 2018 – 18-8210 1 1.0

THE WALKER POWER BUILDING INC.Zoning By-law AmendmentPlanning Justification Report325 Devonshire Road

September 2018 – 18-8210

THE WALKER POWER BUILDING INC.Planning Justification Report – Zoning By-law AmendmentSeptember 2018 – 18-8210

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Table of Contents1.0 INTRODUCTION 1

1.1 Purpose ............................................................................................................................... 1

1.2 Description of Site ............................................................................................................... 1

1.3 Proposed Development ....................................................................................................... 2

2.0 EXISTING LAND USE 3

2.1 Subject Site ......................................................................................................................... 3

2.2 Surrounding Land Use ......................................................................................................... 3

3.0 PLANNING EVALUATION 5

3.1 Provincial Policy Statement ................................................................................................. 5

3.2 The City of Windsor Official Plan .......................................................................................... 6

3.3 The City of Windsor Zoning By-law ...................................................................................... 6

3.4 Planning Analysis and Considerations .................................................................................. 7

3.4.1 Location ......................................................................................................................... 7

3.4.2 Land Use ........................................................................................................................ 8

3.4.3 Transportation System ................................................................................................... 9

3.4.4 Infrastructure ................................................................................................................. 9

3.4.5 Urban Design ................................................................................................................. 9

3.4.6 Site Remediation .......................................................................................................... 10

3.4.7 Site Plan Control ........................................................................................................... 10

3.4.8 Economic Prosperity..................................................................................................... 10

3.5 Background Studies ........................................................................................................... 10

3.5.1 Traffic Impact Study and Stacking Spaces Memo .......................................................... 10

3.5.2 Archaeological Assessment .......................................................................................... 11

3.5.3 Record of Site Condition (RSC) ...................................................................................... 11

3.5.4 Functional Servicing Study ............................................................................................ 11

4.0 CONCLUSIONS 12

Figures

Figure 1.0 - Loca on MapFigure 2.0 - Official Plan: Exis ng Land Use Designa onsFigure 3.0 - Zoning By-law 8600: Exis ng Zoning


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Figures (Cont’d)

Figure 4.0 - Conceptual Development PlanFigure 5.0 - Surrounding Land Uses

Appendices

A Zoning By-Law Amendment Applica onB Provincial Policy Statement PoliciesC City of Windsor - Official Plan PoliciesD City of Windsor - Zoning By-law Policies


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1.0 INTRODUCTION1.1 Purpose

Dillon Consulting Limited (Dillon) has been retained by The Walker Power Building Inc., herein referredto as the “Applicant”, to assist in obtaining the necessary planning approvals associated with theproposed redevelopment located at 325 Devonshire Road, in what has historically been referred to asthe “Walker Power Building” property (refer to Figure 1.0 - Location Map).

The property is designated accordingly in the City of Windsor Official Plan and Zoning By-law 8600:

City of Windsor Official Plan – Schedule D: Land UseBusiness Park(Refer to Figure 2.0 - Official Plan: Existing Land Use Designations).

City of Windsor Zoning By-law 8600 – Schedule A: Zoning District Map 6Manufacturing District 1.1 (MD1.1) Zone(Refer to Figure 3.0 - Zoning By-law 8600: Existing Zoning).

The subject site will require an amendment to the designations and regulations as outlined in the City ofWindsor Zoning By-law 8600. In particular, the Applicant is seeking an amendment from the existingManufacturing District 1.1 (MD1.1) zone to a site specific Manufacturing District 1.4 (MD1.4) zone,including relief from the provision of minimum stacking space requirements, to permit a range ofbusiness and ancillary commercial uses. The applicant has submitted an application to this effect (Referto Appendix A – Zoning By-Law Amendment Application).

1.2 Description of SiteThe subject site is located at 325 Devonshire Road, south of Riverside Drive East and east of Chilver Road(refer to Figure 1.0 - Location Map). It is more specifically described as Part Block ‘A’, Part Alley (Closed),RP211; Part Lots 1 & 2, Part Alley (Closed), RP 262; Part Lots 94 & 95, Concession 1, Sandwich East in theCity of Windsor. The total site area under application is approximately 0.9 hectares (2.23 acres) havingapproximately 54.5 m (178.8 ft) of frontage on Devonshire Road. The subject property is the site of theformer Walker Power Building and is considered a brownfield property. The existing building on site iscurrently vacant and underutilized.


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1.3 Proposed DevelopmentThe proposed redevelopment of 325 Devonshire Road entails the rehabilita on and adap ve reuse ofthe former Walker Power building for professional office and ancillary commercial uses. The proposedredevelopment will include a number of ancillary commercial uses on the ground floor, including a drive-through restaurant and retail units, with associated vehicle and bicycle parking. Access to thedevelopment is proposed via Devonshire Road to the east and Chilver Road to the west.

Refer to Figure 4.0 - Conceptual Development Plan.


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2.0 EXISTING LAND USE2.1 Subject Site

The physical a ributes of the site are as follows:

A total site area of 0.9 ha (2.23 acres);•Irregularly-shaped parcel with frontage on Devonshire Road;•Property which is generally flat with a vacant former industrial building; and•Brownfield property.•

2.2 Surrounding Land UseThe surrounding land uses are varied as shown in Figure 5.0 - Surrounding Land Uses and are describedas follows:

North (to Detroit River):

• Vacant lands (MD1.3);• Hiram Walker Dis llery (MD2.1); and• Public Park (GD1.1).

East (to Argyle Road):

• Abandoned and vacant Rail Corridor (MD1.3);• Hiram Walker Dis llery (MD2.1);• Commercial uses (CD3.3) including, but not limited to:

o Cornerstone Care;o Taloola Cafe;o Blinc Beauty Lounge;o Print Works;o Jason P. Howie Professional Corpora on;o Data Realm; ando Royal Canadian Legion Branch 12.

South (to Brant Street)

• Vacant lands (MD 1.1 and CD3.3);• Commercial uses (MD1.4) including, but not limited to:

o SNP Technical Services Inc.;o GHD; ando Interna onal Car Brokers;

• Commercial uses (CD3.3) including, but not limited to:o Breathe Pilates & Fitness Studio;


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o Human Kine cs Canada; ando Goldstein Debiase Injury Lawyers;

• Single detached residen al dwellings (CD1.3).

West (to Lincoln Road)

• Vacant lands (MD 1.1);• Society of Saint Vincent de Paul (MD1.1);• Mul -Unit residen al dwellings (RD3.4);• Children’s Aid Society (CD1.4); and• Single detached residen al dwellings (RD2.2).


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3.0 PLANNING EVALUATIONTo determine the feasibility and appropriateness of the proposed development, a comprehensiveevalua on of the poten al planning issues and impacts has been undertaken. The scope and level ofdetail of the planning evalua on has been based on:

Provincial Policy Statement 2014;•Official Plan policies and criteria;•Zoning By-Law regula ons;•Background Studies; and•Visual inspec ons of the site and surrounding lands.•

Recognizing that overlaps exist between the various policies and criteria in the Official Plan, theapproach used a empts to consolidate the relevant policies and criteria, and iden fy and evaluate thepoten al planning and land use related issues associated with the proposed commercial development.

3.1 Provincial Policy StatementThe Provincial Policy Statement (PPS) promotes the development of ‘Strong, Healthy Communi es’through the redevelopment of lands for an appropriate mix of uses, which includes commercial uses.The proposed uses must be “consistent with” the PPS and as a broad and general document, theapplicants must, through analysis of the policies, determine how the proposed use is appropriate andadvances the provinces’ interests. There are a number of sec ons of the PPS that apply to the proposedredevelopment, including:

Policy 1.1.1, rela ng to sustaining healthy, liveable and safe communi es;

Policy 1.1.2, rela ng to land availability;

Policy 1.1.3, rela ng to se lement areas and opportuni es for redevelopment on brownfield sites;

Policy 1.2.6, rela ng to land use compa bility;

Policy 1.3, rela ng to employment;

Policy 1.6, rela ng to infrastructure and public service facili es;

Policy 1.7, rela ng to long-term economic prosperity; and

Policy 1.8, rela ng to energy conserva on, air quality and climate change.

These policies are included in Appendix B and will be referenced throughout the remainder of thisreport.


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3.2 The City of Windsor Official PlanThe local policy context in the City of Windsor is outlined in the Official Plan, which contains a holis c setof goals, objec ves, and policies to manage and direct growth in the City.

The subject site is currently designated ‘Business Park’ in the Official Plan. Sec on 6.4 of the Official Planprovides general policy direc on for employment growth, which recognizes that it should be directed toappropriate loca ons. Within the Official Plan, the primary designa ons for employment uses areprovided under two designa ons: ‘Industrial’ or ‘Business Park’. According to the Official Plan, thesedesigna ons have the following func ons:

To strengthen Windsor’s economy;•To accommodate a full range of employment ac vi es; and•To ensure compa bility with other land uses.•

The ‘Business Park’ land use policies (Sec on 6.4.4) provide for a broad range of uses based on theirphysical and opera onal characteris cs. These characteris cs include research, development, andinforma on processing, office facili es and services, and selected industrial uses, provided that theindustrial uses do not create nuisances for surrounding uses.

The uses proposed for the redevelopment of the subject site, including office facili es and ancillarycommercial uses, are permi ed within the Business Park designa on. As such, an amendment to theOfficial Plan is not required.

Refer to Appendix C: City of Windsor Official Plan Policies

3.3 The City of Windsor Zoning By-lawThe City of Windsor Zoning By-law 8600 implements the policies of the City of Windsor Official Plan byregula ng built form and land uses throughout the City.

The subject lands are currently zoned Manufacturing District 1.1 (MD1.1) Zone, which permits for abroad range of industrial uses (Sec on 18.1). Demand for such industrial uses on the subject site havedissipated since the site was first developed in the early 20th century, as evidenced by the long-termunderu liza on of the subject lands and exis ng building. In this regard, the Applicant is seeking anamendment to the zoning designa on of the subject site to enable the adap ve reuse of the exis ngbuilding. In par cular, the Applicant is reques ng a zoning amendment to a site specific ManufacturingDistrict 1.4 (MD1.4) zone, with relief from the provision of minimum stacking spaces required (Sec on18.5). The zoning amendment will permit for a range of uses that will enhance compa bility with thesurrounding land uses.


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The proposed redevelopment includes professional office and ancillary commercial uses, including adrive-through restaurant (refer to Figure 4.0 - Conceptual Development Plan). The internal drive-through access proposed will have eight (8) stacking spaces, slightly below the minimum requirement oftwelve (12) stacking spaces, as per the regula ons of Zoning By-Law 8600 (Sec on 24.50.1). Thecorresponding Traffic Impact Study completed for the proposal demonstrates that the loca on andstacking space provisions of the proposed drive-through lane will be adequate for the subject site andwill cause no adverse impacts to site access (refer to Traffic Impact Study and Stacking Spaces Memo,provided under separate cover).

The redevelopment proposal provides accessory vehicle and bicycle parking well in excess of theminimum provisions as established in Zoning By-Law 8600. As the subject site lies within the WalkervilleBusiness Improvement Area (Walkerville BIA), the site is subject to specific vehicle parking provisions(Sec on 24.20.3). In this regard, the proposal requires zero (0) parking spaces for the proposedprofessional office and retail uses, and twenty-five (25) parking spaces for the proposed restaurant uses.In total, one hundred and twenty five (125) vehicle parking spaces and twelve (12) bicycle parkingspaces are proposed on the subject site, including the provision of 5 accessible parking spaces.

Refer to Appendix D: City of Windsor, Zoning By-Law 8600 Policies, and Figure 4.0 - ConceptualDevelopment Plan.

3.4 Planning Analysis and ConsiderationsMunicipali es in Ontario are required, under Sec on 3 of the Planning Act, to ensure that planningma ers and decisions are consistent with the Provincial Policy Statement (PPS). The PPS includespolicies designed to build strong and healthy communi es and are intended to direct efficient andresilient development and land use pa erns. According to the PPS, healthy, livable and safecommuni es are sustained by: promo ng efficient development and land use pa erns which sustainthe financial well-being over the long term, and promote cost effec ve development pa erns tominimize land consump on and servicing costs (PPS, 1.1.1 a) e)).

The proposed redevelopment is consistent with these policies by promo ng the use of underu lizedlands, by proposing land uses that can exist in harmony with the surrounding land uses, and by crea ngopportuni es for increased municipal taxes. The proposed redevelopment provides the poten al for awide variety of office and commercial uses adjacent to compa ble land uses. These broad outcomesalso speak to the PPS policies that address densi es and the mix of land uses iden fied for se lementareas (PPS, 1.1.3).

3.4.1 Loca on

With respect to se lement areas, the PPS recognizes that the vitality of these areas is cri cal to thelong-term economic prosperity of communi es. According to the PPS, se lement areas should be thefocus of growth and development and their regenera on shall be promoted (PPS, 1.1.3.1).


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The proposed redevelopment promotes growth and vitality within the se lement area. It promotes adense land use pa ern which efficiently uses land and resources, supports ac ve transporta on, and istransit-suppor ve (PPS, 1.1.3.2). The proposal also provides a prime opportunity for redevelopment ofexis ng building stock on a brownfield site, with availability of suitable, exis ng infrastructure and publicservice facili es to accommodate the projected needs (PPS,1.1.3.3).

The subject site lies within the Olde Walkerville BIA Planning Area, which is comprised of variouscommercial, residen al, ins tu onal, and recrea onal land uses. In this regard, the proposal allows fordevelopment to take place in a designated growth area, adjacent to an exis ng built-up area, and in acompact form with a mix of uses that allows for the efficient use of land, infrastructure and publicservice facili es (PPS, 1.1.3.6).

This proposal also conforms to the Development Strategy of the City of Windsor through the promo onof prac cal and efficient land use management strategies and a compact pa ern of development inclose proximity to transit and pedestrian ameni es (OP, Sec on 3.2). Given the loca on of the subjectsite in proximity to a vibrant neighbourhood and commercial district, there will be efficiencies indevelopment and infrastructure costs.

The rezoning of the subject site to permit a range of professional office and commercial uses alsoconforms to the loca onal criteria in the Official Plan for these par cular land uses. The proposedredevelopment will have sufficient buffers from sensi ve land uses; it is located in an area where fullmunicipal services can be provided; the site has access to designated truck routes; and publictransporta on service can be provided (OP, Sec ons 6.4.4.3).

3.4.2 Land Use

The PPS states that major facili es and sensi ve land uses should be planned to ensure they arebuffered and/or separated from each other (PPS, 1.2.6.1). This is to ensure that adverse effects fromodour, noise and other contaminants are prevented or mi gated, and that the risk is minimized forpublic health and safety. This applica on proposes to establish a broader range of uses on the subjectsite which will enhance compa bility with surrounding uses, and the site is adjacent to lands currentlydesignated ‘Business Park’ in the City of Windsor Official Plan. Business Park areas are iden fied asEmployment Areas in the Official Plan (OP, Sec on 6.4).

Employment Areas3.4.2.1

The employment policies of the PPS speak to protecting and preserving employment areas for currentand future uses (PPS, 1.3). The proposed redevelopment will expand the employment uses within thesubject site from traditional industrial employment uses to a broader range of office and ancillarycommercial uses. The proposed changes are more in keeping with the current and future land useneeds of the City, including the need to address the redevelopment of an underutilized brownfield site.


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In addition, the proposed redevelopment provides for an appropriate mix and range of employmentuses that meet long-term needs and further diversify the City’s economic base (PPS, 1.3.1).

The ‘Business Park’ designa on of the Official Plan permits the use of research facili es, offices, andsimilar uses (OP, Sec on 6.4.4.1). The proposed redevelopment will provide the permi ed office andancillary commercial facili es, enhancing the compa bility of the subject site with the exis ngsurrounding land uses, and expanding the employment character of the area. Furthermore, theemployment opportuni es generated by the proposed redevelopment are envisioned to align with theeconomic revitaliza on efforts of the City of Windsor – Community Improvement Plan.

3.4.3 Transporta on System

The PPS and Official Plan encourage developments that promote a dense land use pa ern whichminimizes the length and number of vehicle trips, and encourages the use of transit and ac vetransporta on methods (PPS, 1.6.7.4 & 1.8.1 (b); OP, Sec on 7.2.1.5). The subject site is located in closeproximity to exis ng transit routes and to exis ng mul -use trail networks and bicycle lanes. Theproposed redevelopment provides an excellent opportunity to promote cycling and pedestrianconnec ons to the trail system, which would in turn promote a healthy, ac ve community thatfacilitates ac ve transporta on and community connec vity (PPS, 1.5 a); OP, 7.2.4.1).

3.4.4 Infrastructure

The proposed redevelopment promotes the efficient use and op miza on of exis ng municipal sewage,stormwater and water services, and will ensure that sewage, stormwater and water services providedcomply with all regulatory requirements and protect human health and the natural environment (PPS,1.6.6.1 a) b)). A Stormwater Management Report has been prepared (provided under separate cover)for the proposed development which promotes stormwater management best prac ces, includinga enua on and low impact development (PPS, 1.6.6.7; OP, Sec on 7.3).

Sustainable site design and pedestrian network policies have also been considered in the proposal.Sidewalks have been included in the design of the redevelopment to provide pedestrian connec onswithin the site and to the surrounding area (OP, Sec on 7.2.2.19 a)). These sidewalks, both on site andwithin the right-of-way, will be barrier free and maintained to provide accessible travel for all residentsand pedestrians and will encourage patrons to walk to work, for travel, exercise, recrea on, and socialinterac on (OP, Sec on 7.2.2.19 c) & 7.2.3.1 c)).

3.4.5 Urban Design

The proposed redevelopment is compa ble with the surrounding area in terms of scale, massing, height,architectural propor ons, si ng, orienta on, setbacks, parking and landscaped areas (OP, Sec on8.7.2.3), and will be reviewed through the Site Plan Control Approval process.


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3.4.6 Site Remedia on

According to the PPS, sites with known contaminants shall be assessed and remediated prior to anyac vity on the site to ensure that there will not be any adverse effects (PPS, 3.2.2). The applicant hastaken measures to assess the site for contaminants through a Phase I Environmental Site Assessment(ESA), prepared by Dillon Consul ng Limited (OP, Sec on 5.4.8.4). Based on the findings of the Phase IESA, a Phase II ESA will be completed, with the intent to proceed with the necessary steps required toobtain a Record of Site Condi on (RSC), to be forwarded to the City once completed (OP, Sec on5.4.8.5).

3.4.7 Site Plan Control

The Official Plan designates the whole of the municipality as a Site Plan Control Area (OP, Sec on11.7.1). The proposed uses are subject to site plan control and will be further reviewed upon theapproval of the zoning by-law amendment (OP, Sec on 11.7).

3.4.8 Economic Prosperity

The proposed redevelopment promotes opportuni es for economic development and investmentwithin the City of Windsor (PPS, 1.7.1 a)). It also op mizes the use of underu lized lands, infrastructure,and public service facili es available within the subject site; and enhances the vitality of the WalkervilleB.I.A and Devonshire Road corridor by introducing a broad mix of uses (PPS 1.7.1 b) c)).

3.5 Background Studies

3.5.1 Traffic Impact Study and Stacking Spaces Memo

A Traffic Impact Study has been completed for the proposed site redevelopment by Dillon Consul ngLimited to fulfill the requirements outlined by the City of Windsor. The study was prepared inaccordance with the City of Windsor TIS Guidelines and the par culars iden fied by the City of WindsorTraffic Engineering Department. The study concludes that no adverse impact will occur to the study areaintersec ons, and that under future condi ons, traffic volumes will con nue to operate within capacityat right-of-way intersec ons.

In addi on, Dillon Consul ng Limited has completed a Stacking Spaces Memo for the proposed siteredevelopment, supplementary to the Traffic Impact Study. This memo was prepared to address theproposed drive-through access and the requested reduc on in drive-through stacking spaces. The memoconcludes that the loca on and stacking space provisions of the proposed drive-through lane will beadequate for the subject site and will cause no adverse impacts to site access.

For full details and assessment, refer to Traffic Impact Study and Stacking Spaces Memo, providedunder separate cover.


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3.5.2 Archaeological Assessment

Previous Archaeological Assessments have been completed in the area of the subject site in 1993 byDillon Consul ng Limited. These assessments indicated that the subject site was found to have beenseverely disturbed by the development and opera on of a former railway yard on the lands, leaving noevidence of cultural remains or pre-railway occupa on of the site. Furthermore, these assessmentsindicated that there was no evidence of mass burial of Norwegian cholera vic ms thought to have beenlocated in this area. As such, we trust that these previous studies are sa sfactory to address anyArchaeological Assessment requirements.

Refer to Archaeological Assessments, provided under separate cover.

3.5.3 Record of Site Condi on (RSC)

As part of the redevelopment of the former Walker Power Building site, a Record of Site Condi on (RSC)will be pursued for the property, based on Ministry of the Environment, Conserva on and Parks (MECP)requirements outlined in Ontario Regula on 419/05 - Records of Site Condi on. The first step taken aspart of the RSC was the comple on of a Phase I Environmental Site Assessment (ESA), which wascompleted to document the presence or absence of Poten ally Contamina ng Ac vi es (PCAs) andAreas of Poten al Environment Concern (APECs) at the property.

Based on the findings of the Phase I ESA, a Phase II Environmental Site Assessment (ESA) will becompleted as part of this process and will be forwarded to the City upon comple on. The Phase II ESAwill be proceeding through the Environmental Site Assessment Grant Program, which was approved forthe site as part of Council Decision Number CR301/2018 PHED 573.

Refer to the Phase I ESA, provided under separate cover.

3.5.4 Func onal Servicing Study

A Func onal Servicing Study has been undertaken by the applicant, which includes suppor ng studiesand related informa on pertaining to the transporta on, sanitary, stormwater management, andwatermain servicing for the subject site.

Refer to the Func onal Servicing Study, provided under separate cover.


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4.0 CONCLUSIONSBased on an extensive review of the technical planning and policy related issues, the proposedredevelopment is appropriate for the site and consistent with good planning principles. We recommendthat the Zoning By-Law Amendment applica on, as submi ed, be approved for the following reasons:

1. The proposed redevelopment is “consistent” with the Provincial Policy Statement for the reasonsiden fied in Sec on 3.1 of this report.

2. The proposed redevelopment will enhance compa bility with the surrounding land uses.

3. The proposed redevelopment is consistent with the intent of the ‘Business Park’ policies of theOfficial Plan, including:

The site is physically suitable and strategically located to support the proposed uses;•

The proposed redevelopment maintains the intent of the exis ng Official Plan designa ons•and concept plan;

The proposal will provide opportuni es for increased transit and ac ve transporta on use,•with connec ons to exis ng transit routes and the Riverfront Trail; and

The proposed uses are in keeping with the established goals and objec ves outlined in the•Official Plan.

4. The proposed rezoning is consistent with the intent of the ‘Manufacturing District’ (MD) zonepolicies and regula ons, including:

The site is physically suitable and strategically located to support the proposed office and•ancillary commercial uses;

Full municipal services and emergency services are available;•

Off-street parking is provided well in excess of the minimum requirements;•

Site access is available without compromising the integrity of the local road network; and•

The redevelopment is compa ble with the surrounding land uses in terms of land use, scale,•massing, landscaping, etc. In addi on, the proposal is consistent with the mix of land usesthat characterize the Walkerville BIA.

5. The proposed redevelopment reflects a necessary transi on for the subject site from an industrialemployment use to a ‘people-oriented’, post-industrial employment use. Furthermore, the proposalfacilitates the adap ve reuse and development of an underu lized brownfield property.

6. The Background Studies provide the technical ra onale for the approval of the Zoning By-LawAmendment applica on.


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7. The proposal creates a plan that benefits the exis ng and future residents of the surrounding area,promo ng adap ve reuse development and employment opportuni es along Devonshire Road andRiverside Drive East while enhancing the prosperity and vitality of the Olde Walkerville PlanningArea.

8. The proposed redevelopment will provide opportuni es for residents to live, work and shop in closeproximity, promo ng walkability and reducing automobile dependence.

_________________________

Karl Tanner, MCIP RPP

THE WALKER POWER BUILDING INC.Planning Justification ReportZoning By-law AmendmentSeptember 2018 – 18-8210

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LOCATION MAP

Figure 1.0

THE WALKER POWER BUILDING INC.325 DEVONSHIRE ROADPLANNING JUSTIFICATION REPORT

PROJECT: 18-8210

STATUS: FINAL

DATE: 09/21/2018

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SOURCE: CITY OF WINDSOR GIS MAPPING (2017)

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SUBJECT SITE(0.9ha/2.23ac)

EXISTING OFFICIAL PLANDESIGNATIONS

Figure 2.0PROJECT: 18-8210

STATUS: FINAL

DATE: 09/21/2018

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RESIDENTIAL

BUSINESS PARK

MAJOR INSTITUTIONAL

MIXED USE

SOURCE: CITY OF WINDSOR OFFICIAL PLAN, LAND USE SCHEDULE 'D' (2017)

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COMMERCIAL CORRIDOR

PARK/OPEN SPACEINDUSTRIAL

COMMERCIAL CENTRE

NATURAL HERITAGE

Subject Site


EXISTING ZONING BY-LAWDESIGNATIONS

Figure 3.0PROJECT: 18-8210

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SUBJECT SITE(±0.9ha/±2.23ac)

SOURCE: CITY OF WINDSOR COMPREHENSIVE ZONING BY-LAW 8600, ZONING DISTRICT MAP 11

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CONCEPTUAL SITE PLAN

Figure 4.0

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SOURCE: ALEO ASSOCIATES INC. (2018)

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SURROUNDING LAND USES

Figure 5.0

PROJECT: 18-8210

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RESIDENTIAL COMMERCIAL INSTITUTIONAL INDUSTRIAL RECREATIONAL/ OPEN SPACE VACANT


Appendix A


A Zoning By-Law Amendment Application

Karl Kella of Dillon Consulting Limited

Appendix B


B Provincial Policy Statement Policies

PROVINCIAL POLICY STATEMENT 6

Part V: Policies

1.0 Building Strong Healthy Communities Ontario is a vast province with urban, rural, and northern communities with diversity in population, economic activities, pace of growth, service levels and physical and natural conditions. Ontario's long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support sustainability by promoting strong, liveable, healthy and resilient communities, protecting the environment and public health and safety, and facilitating economic growth. Accordingly:

1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns

1.1.1 Healthy, liveable and safe communities are sustained by:

a) promoting efficient development and land use patterns which sustain the

financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate range and mix of residential (including

second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;

c) avoiding development and land use patterns which may cause environmental or public health and safety concerns;

d) avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas;

e) promoting cost-effective development patterns and standards to minimize land consumption and servicing costs;

f) improving accessibility for persons with disabilities and older persons by identifying, preventing and removing land use barriers which restrict their full participation in society;

g) ensuring that necessary infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities are or will be available to meet current and projected needs; and

h) promoting development and land use patterns that conserve biodiversity and consider the impacts of a changing climate.


1.1.2 Sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 20 years. However, where an alternate time period has been established for specific areas of the Province as a result of a provincial planning exercise or a provincial plan, that time frame may be used for municipalities within the area. Within settlement areas, sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas. Nothing in policy 1.1.2 limits the planning for infrastructure and public service facilities beyond a 20-year time horizon.

1.1.3 Settlement Areas Settlement areas are urban areas and rural settlement areas, and include cities, towns, villages and hamlets. Ontario’s settlement areas vary significantly in terms of size, density, population, economic activity, diversity and intensity of land uses, service levels, and types of infrastructure available. The vitality of settlement areas is critical to the long-term economic prosperity of our communities. Development pressures and land use change will vary across Ontario. It is in the interest of all communities to use land and resources wisely, to promote efficient development patterns, protect resources, promote green spaces, ensure effective use of infrastructure and public service facilities and minimize unnecessary public expenditures. 1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality

and regeneration shall be promoted. 1.1.3.2 Land use patterns within settlement areas shall be based on:

a) densities and a mix of land uses which:

1. efficiently use land and resources; 2. are appropriate for, and efficiently use, the infrastructure and public

service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion;

3. minimize negative impacts to air quality and climate change, and promote energy efficiency;

4. support active transportation; 5. are transit-supportive, where transit is planned, exists or may be

developed; and 6. are freight-supportive; and

b) a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated.


1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Intensification and redevelopment shall be directed in accordance with the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety.

1.1.3.4 Appropriate development standards should be promoted which facilitate

intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety.

1.1.3.5 Planning authorities shall establish and implement minimum targets for

intensification and redevelopment within built-up areas, based on local conditions. However, where provincial targets are established through provincial plans, the provincial target shall represent the minimum target for affected areas.

1.1.3.6 New development taking place in designated growth areas should occur

adjacent to the existing built-up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities.

1.1.3.7 Planning authorities shall establish and implement phasing policies to ensure:

a) that specified targets for intensification and redevelopment are achieved prior to, or concurrent with, new development within designated growth areas; and

b) the orderly progression of development within designated growth areas and the timely provision of the infrastructure and public service facilities required to meet current and projected needs.

1.1.3.8 A planning authority may identify a settlement area or allow the expansion of a

settlement area boundary only at the time of a comprehensive review and only where it has been demonstrated that: a) sufficient opportunities for growth are not available through

intensification, redevelopment and designated growth areas to accommodate the projected needs over the identified planning horizon;

b) the infrastructure and public service facilities which are planned or available are suitable for the development over the long term, are financially viable over their life cycle, and protect public health and safety and the natural environment;


1.2.6 Land Use Compatibility 1.2.6.1 Major facilities and sensitive land uses should be planned to ensure they are

appropriately designed, buffered and/or separated from each other to prevent or mitigate adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term viability of major facilities.

1.3 Employment 1.3.1 Planning authorities shall promote economic development and competitiveness

by: a) providing for an appropriate mix and range of employment and

institutional uses to meet long-term needs; b) providing opportunities for a diversified economic base, including

maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses;

c) encouraging compact, mixed-use development that incorporates compatible employment uses to support liveable and resilient communities; and

d) ensuring the necessary infrastructure is provided to support current and projected needs.

1.3.2 Employment Areas 1.3.2.1 Planning authorities shall plan for, protect and preserve employment areas for

current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs.

1.3.2.2 Planning authorities may permit conversion of lands within employment areas to

non-employment uses through a comprehensive review, only where it has been demonstrated that the land is not required for employment purposes over the long term and that there is a need for the conversion.

1.3.2.3 Planning authorities shall protect employment areas in proximity to major goods

movement facilities and corridors for employment uses that require those locations.

1.3.2.4 Planning authorities may plan beyond 20 years for the long-term protection of

employment areas provided lands are not designated beyond the planning horizon identified in policy 1.1.2.


of active transportation and transit in areas where it exists or is to be developed; and

e) establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety.

1.5 Public Spaces, Recreation, Parks, Trails and Open Space 1.5.1 Healthy, active communities should be promoted by:

a) planning public streets, spaces and facilities to be safe, meet the needs of

pedestrians, foster social interaction and facilitate active transportation and community connectivity;

b) planning and providing for a full range and equitable distribution of publicly-accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails and linkages, and, where practical, water-based resources;

c) providing opportunities for public access to shorelines; and d) recognizing provincial parks, conservation reserves, and other protected

areas, and minimizing negative impacts on these areas.

1.6 Infrastructure and Public Service Facilities 1.6.1 Infrastructure, electricity generation facilities and transmission and distribution

systems, and public service facilities shall be provided in a coordinated, efficient and cost-effective manner that considers impacts from climate change while accommodating projected needs. Planning for infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities shall be coordinated and integrated with land use planning so that they are: a) financially viable over their life cycle, which may be demonstrated

through asset management planning; and b) available to meet current and projected needs.

1.6.2 Planning authorities should promote green infrastructure to complement infrastructure.


1.6.3 Before consideration is given to developing new infrastructure and public service facilities: a) the use of existing infrastructure and public service facilities should be

optimized; and b) opportunities for adaptive re-use should be considered, wherever

feasible. 1.6.4 Infrastructure and public service facilities should be strategically located to

support the effective and efficient delivery of emergency management services. 1.6.5 Public service facilities should be co-located in community hubs, where

appropriate, to promote cost-effectiveness and facilitate service integration, access to transit and active transportation.

1.6.6 Sewage, Water and Stormwater 1.6.6.1 Planning for sewage and water services shall:

a) direct and accommodate expected growth or development in a manner that promotes the efficient use and optimization of existing: 1. municipal sewage services and municipal water services; and 2. private communal sewage services and private communal water

services, where municipal sewage services and municipal water services are not available;

b) ensure that these systems are provided in a manner that: 1. can be sustained by the water resources upon which such services

rely; 2. is feasible, financially viable and complies with all regulatory

requirements; and 3. protects human health and the natural environment;

c) promote water conservation and water use efficiency; d) integrate servicing and land use considerations at all stages of the

planning process; and e) be in accordance with the servicing hierarchy outlined through policies

1.6.6.2, 1.6.6.3, 1.6.6.4 and 1.6.6.5. 1.6.6.2 Municipal sewage services and municipal water services are the preferred form

of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible.

1.6.6.3 Where municipal sewage services and municipal water services are not provided,

municipalities may allow the use of private communal sewage services and private communal water services.


1.6.6.4 Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, these services may only be used for infilling and minor rounding out of existing development.

1.6.6.5 Partial services shall only be permitted in the following circumstances:

a) where they are necessary to address failed individual on-site sewage services and individual on-site water services in existing development; or

b) within settlement areas, to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts.

1.6.6.6 Subject to the hierarchy of services provided in policies 1.6.6.2, 1.6.6.3, 1.6.6.4

and 1.6.6.5 planning authorities may allow lot creation only if there is confirmation of sufficient reserve sewage system capacity and reserve water system capacity within municipal sewage services and municipal water services or private communal sewage services and private communal water services. The determination of sufficient reserve sewage system capacity shall include treatment capacity for hauled sewage from private communal sewage services and individual on-site sewage services.

1.6.6.7 Planning for stormwater management shall:

a) minimize, or, where possible, prevent increases in contaminant loads; b) minimize changes in water balance and erosion; c) not increase risks to human health and safety and property damage; d) maximize the extent and function of vegetative and pervious surfaces;

and e) promote stormwater management best practices, including stormwater

attenuation and re-use, and low impact development.

1.6.7 Transportation Systems 1.6.7.1 Transportation systems should be provided which are safe, energy efficient,

facilitate the movement of people and goods, and are appropriate to address projected needs.

1.6.7.2 Efficient use shall be made of existing and planned infrastructure, including

through the use of transportation demand management strategies, where feasible.


1.6.7.3 As part of a multimodal transportation system, connectivity within and among transportation systems and modes should be maintained and, where possible, improved including connections which cross jurisdictional boundaries.

1.6.7.4 A land use pattern, density and mix of uses should be promoted that minimize

the length and number of vehicle trips and support current and future use of transit and active transportation.

1.6.7.5 Transportation and land use considerations shall be integrated at all stages of

the planning process.

1.6.8 Transportation and Infrastructure Corridors 1.6.8.1 Planning authorities shall plan for and protect corridors and rights-of-way for

infrastructure, including transportation, transit and electricity generation facilities and transmission systems to meet current and projected needs.

1.6.8.2 Major goods movement facilities and corridors shall be protected for the long

term. 1.6.8.3 Planning authorities shall not permit development in planned corridors that could

preclude or negatively affect the use of the corridor for the purpose(s) for which it was identified. New development proposed on adjacent lands to existing or planned corridors and transportation facilities should be compatible with, and supportive of, the long-term purposes of the corridor and should be designed to avoid, mitigate or minimize negative impacts on and from the corridor and transportation facilities.

1.6.8.4 The preservation and reuse of abandoned corridors for purposes that maintain

the corridor’s integrity and continuous linear characteristics should be encouraged, wherever feasible.

1.6.8.5 When planning for corridors and rights-of-way for significant transportation,

electricity transmission, and infrastructure facilities, consideration will be given to the significant resources in Section 2: Wise Use and Management of Resources.

1.6.9 Airports, Rail and Marine Facilities 1.6.9.1 Planning for land uses in the vicinity of airports, rail facilities and marine facilities

shall be undertaken so that:

a) their long-term operation and economic role is protected; and


b) airports, rail facilities and marine facilities and sensitive land uses are appropriately designed, buffered and/or separated from each other, in accordance with policy 1.2.6.

1.6.9.2 Airports shall be protected from incompatible land uses and development by:

a) prohibiting new residential development and other sensitive land uses in

areas near airports above 30 NEF/NEP; b) considering redevelopment of existing residential uses and other

sensitive land uses or infilling of residential and other sensitive land uses in areas above 30 NEF/NEP only if it has been demonstrated that there will be no negative impacts on the long-term function of the airport; and

c) discouraging land uses which may cause a potential aviation safety hazard.

1.6.10 Waste Management 1.6.10.1 Waste management systems need to be provided that are of an appropriate size

and type to accommodate present and future requirements, and facilitate, encourage and promote reduction, reuse and recycling objectives. Planning authorities should consider the implications of development and land use patterns on waste generation, management and diversion. Waste management systems shall be located and designed in accordance with provincial legislation and standards.

1.6.11 Energy Supply 1.6.11.1 Planning authorities should provide opportunities for the development of energy

supply including electricity generation facilities and transmission and distribution systems, to accommodate current and projected needs.

1.6.11.2 Planning authorities should promote renewable energy systems and alternative

energy systems, where feasible, in accordance with provincial and federal requirements.

1.7 Long-Term Economic Prosperity 1.7.1 Long-term economic prosperity should be supported by:

a) promoting opportunities for economic development and community

investment-readiness;


b) optimizing the long-term availability and use of land, resources, infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities;

c) maintaining and, where possible, enhancing the vitality and viability of downtowns and mainstreets;

d) encouraging a sense of place, by promoting well-designed built form and cultural planning, and by conserving features that help define character, including built heritage resources and cultural heritage landscapes;

e) promoting the redevelopment of brownfield sites; f) providing for an efficient, cost-effective, reliable multimodal

transportation system that is integrated with adjacent systems and those of other jurisdictions, and is appropriate to address projected needs to support the movement of goods and people;

g) providing opportunities for sustainable tourism development; h) providing opportunities to support local food, and promoting the

sustainability of agri-food and agri-product businesses by protecting agricultural resources, and minimizing land use conflicts;

i) promoting energy conservation and providing opportunities for development of renewable energy systems and alternative energy systems, including district energy;

j) minimizing negative impacts from a changing climate and considering the ecological benefits provided by nature; and

k) encouraging efficient and coordinated communications and telecommunications infrastructure.

1.8 Energy Conservation, Air Quality and Climate Change 1.8.1 Planning authorities shall support energy conservation and efficiency, improved

air quality, reduced greenhouse gas emissions, and climate change adaptation through land use and development patterns which: a) promote compact form and a structure of nodes and corridors; b) promote the use of active transportation and transit in and between

residential, employment (including commercial and industrial) and institutional uses and other areas;

c) focus major employment, commercial and other travel-intensive land uses on sites which are well served by transit where this exists or is to be developed, or designing these to facilitate the establishment of transit in the future;

d) focus freight-intensive land uses to areas well served by major highways, airports, rail facilities and marine facilities;

e) improve the mix of employment and housing uses to shorten commute journeys and decrease transportation congestion;

f) promote design and orientation which:


1. maximizes energy efficiency and conservation, and considers the mitigating effects of vegetation; and

2. maximizes opportunities for the use of renewable energy systems and alternative energy systems; and

g) maximize vegetation within settlement areas, where feasible.


3.1.8 Development shall generally be directed to areas outside of lands that are unsafe for development due to the presence of hazardous forest types for wildland fire. Development may however be permitted in lands with hazardous forest types for wildland fire where the risk is mitigated in accordance with wildland fire assessment and mitigation standards.

3.2 Human-Made Hazards 3.2.1 Development on, abutting or adjacent to lands affected by mine hazards; oil, gas

and salt hazards; or former mineral mining operations, mineral aggregate operations or petroleum resource operations may be permitted only if rehabilitation or other measures to address and mitigate known or suspected hazards are under way or have been completed.

3.2.2 Sites with contaminants in land or water shall be assessed and remediated as

necessary prior to any activity on the site associated with the proposed use such that there will be no adverse effects.

Appendix C


C City of Windsor - Official Plan Policies

City of Windsor Official Plan Volume I Development Strategy 3 - 1

3 Development Strategy

This chapter was amended as part of Official Plan Amendments #76 and #79 as part of a 5-year review of the Official Plan. Official Plan Amendment #76 was approved by the Ministry of Municipal Affairs and Housing on 01/06/2012. Official Plan Amendment #79 was approved by the Ministry of Municipal Affairs and Housing on 06/05/2012.

3.0 Preamble

PLANNING FOR THE 21ST CENTURY

As we enter the second decade of the 21st Century, Windsor has reconfirmed its strategic directions for the future as set out in its Community Strategic Plan, Official Plan and various master plan documents. These initiatives reflect community values to keep Windsor healthy, caring and prosperous. The planning directions for Windsor are expressed in this Official Plan through a development strategy that consists of three main parts:

(a) A Vision statement that clearly expresses what Windsor wants to become and is the foundation for all municipal decisions which will guide the planning of the community‟s future;

(b) The Principles which, as philosophical statements and values supporting the vision, establish the qualitative framework for land use planning decisions;

(c) The Growth Concept that embodies the Vision of the Community Strategic Plan.

3.1 Vision

The planning of Windsor‟s future is guided by the following vision taken from Dream Dare Do – The City of Windsor Community Strategic Plan:

VISION “Windsor is a quality city full of history and potential, with a diverse culture, a durable economy, and a healthy environment where citizens share a strong sense of belonging and a collective pride of place.”

The Community Strategic Plan also provides the following mission

statement for achieving the vision:

MISSION STATEMENT

“Our City is built on relationships – between our 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.”


FOUR INTERRELATED THEMES

The Community‟s commitment to the vision is reflected in an action strategy centred around four interrelated pillars, namely:

(a) Our Economy: Cultivated and Competitive;

(b) Our Society: Diverse and Caring;

(c) Our Environment: Clean & Efficient; and

(d) Our Government: Responsive & Responsible.

3.2 Growth Concept

The 1996 Census population of Windsor was 197,695. Windsor‟s population is expected to increase by between 11,980 to 23,280 from 1996 to 2016. This growth and corresponding demographic changes, is projected to result in the need for an additional 10,950 dwelling units and create between 13,900 and 29,600 new jobs. This, in turn, will result in the projected development of between 390 to 476 hectares of residential lands and 243 to 514 hectares of employment and commercial lands. The policies of this Plan are directed toward accommodating the projected growth through practical and efficient land use management strategies that promote a compact pattern of development and balanced transportation system. Compatible residential, commercial and employment growth will be directed to appropriate locations within existing and planned neighbourhoods to reduce development and infrastructure costs and provide opportunities to live, work and shop in


close proximity. Mixed use developments will be encouraged with strong pedestrian orientations and to support public transit. This concept will enable Windsor to continue its growth and foster a vibrant economy, while ensuring a safe, caring and diverse community and a sustainable, healthy environment. In order to manage growth consistent with the community vision, the following key policy directions are provided for in the other chapters of this Plan.

3.2.1 Safe, Caring and Diverse Community

NEIGHBOURHOOD CENTRES

3.2.1.1 Windsorites want to be a part of neighbourhoods that meet their needs as places to live, shop and play. Each neighbourhood will have a central area that provides a focus for activities and is within a convenient walking distance. Here, people will find shops, jobs, neighbourhood based services, public places that are safe and inviting, and a place to meet with neighbours and join in community life. The neighbourhood centre will provide a variety of housing types for all ages and incomes.

NEIGHBOURHOOD HOUSING VARIETY

3.2.1.2 Encouraging a range of housing types will ensure that people have an opportunity to live in their neighbourhoods as they pass through the various stages of their lives. Residents will have a voice in how this new housing fits within their neighbourhood. As the city grows, more housing opportunities will mean less sprawl onto agricultural and natural lands.

DISTINCTIVE NEIGHBOURHOOD CHARACTER

3.2.1.3 Windsor will keep much of what gives its existing neighbourhoods their character – trees and greenery, heritage structures and spaces, distinctive area identities, parks, and generally low profile development outside the City Centre. Around the neighbourhood centres, the existing character of the neighbourhood will be retained and enhanced. Newly developing areas will be planned to foster their own unique neighbourhood identities with a mixture of homes, amenities and services.

COMMUNITY DESIGN

3.2.1.4 The design of buildings and spaces will respect and enhance the character of their surroundings, incorporating natural features and creating interesting and comfortable places. Streets, open spaces and the greenway system will serve as public amenities connecting and defining neighbourhoods and contributing to Windsor‟s image. New development in Windsor will accommodate the needs of pedestrians, cyclists and other recreational activities.

3.3.2 Vibrant Economy

EMPLOYMENT 3.2.2.1 Windsor‟s economy will be stimulated by active employment centres that


CENTRES serve the larger Census Metropolitan Area. These centres will cluster appropriate large scale employment, shopping and entertainment uses together to create exciting areas for employment and investment. With convenient access to major transportation routes, these centres will be transit friendly and poise to take advantage of Windsor‟s role as an international gateway.

CITY CENTRE 3.2.2.2 The City Centre will continue to be the major focus of cultural, social and economic activities. The City Centre is and will remain the heart of Windsor, serving as the visual symbol of the entire community. A diverse mixture of businesses, cultural venues, major government offices and entertainment destinations will strengthen downtown as a major economic centre. The heart of our community will also provide a liveable residential environment for a variety of people and be a welcoming arrival point for visitors.

COMMUNITY IMPROVEMENT

3.2.2.3 Revitalizing areas in need of improvement will improve Windsor, while protecting the community‟s investment in infrastructure and other services. Community improvement initiatives will strengthen neighbourhoods by providing new businesses, homes and public spaces and by creating unique opportunities for reinvestment in the community.

3.2.3 Sustainable, Healthy Environment

TRANSPORTATION SYSTEM

3.2.3.1 Windsor will work toward achieving a sustainable transportation system where all modes of transportation can play a more balanced role. The creation of mixed use and employment centres will allow businesses and services to be closer to homes and allow greater opportunities for walking, cycling and transit.

WATERFRONT 3.2.3.2 The Detroit River and Lake St. Clair waterfront will continue to be cherished as a community asset. A mixture of open spaces, residences and businesses will continue to provide the waterfront with its character and support a healthy environment, economic growth and the community‟s desire for public access to the water‟s edge.

THE GREENWAY SYSTEM

3.2.3.3 The Greenway System will connect Windsor‟s neighbourhoods, parks, natural areas and the waterfront. The system will foster recreational activities, contribute to community health, enhance the natural environment and link Windsor to its neighbouring municipalities.

HEALTHY ECOSYSTEM

3.2.3.4 Windsor will achieve greater harmony between human activities and natural systems. Attention will be given to establishing a flourishing natural environment, with clean air, land and water.


ENERGY EFFICIENCY

3.2.3.5 Windsor will encourage the design and construction of energy efficient buildings and landscapes to reduce air, water and land pollution and environmental impacts of energy production and consumption.

3.2.4 Responsive, Effective Local Government

COMMUNITY BASED PLANNING

3.2.4.1 People will be involved in the municipal processes that shape Windsor and its neighbourhoods. Residents will be encouraged to work with municipal staff to identify and resolve city-wide and neighbourhood issues. New ways will be found to build consensus within the community to ensure that Windsor advances toward its desired future.

SERVICE DELIVERY

3.2.4.2 Windsorites want a planning process that is responsive, effective and fiscally responsible. Planning services will be efficiently delivered and carefully targeted to achieve the community vision.

3.3 Urban Structure Plan

The Urban Structure Plan identifies the key structural elements within the municipality. These key structural elements and the linkages between these elements establish the strategic framework within which more detailed land use designations can be established.

3.3.1 Nodes

Nodes in this context are existing or future locations of concentrated activity on the Urban Structure Plan that serve the societal, environmental and economic needs at a neighbourhood and/or regional scale. The most successful nodes are the ones that exhibit a wide variety of land uses, including higher density residential and employment uses, and have access to frequent public transit service. Smaller scale community and neighbourhood nodes play an important role in providing services to the surrounding neighbourhoods, providing a range of housing opportunities and, providing a recognized sense of place for these neighbourhoods.

GROWTH CENTRES

3.3.1.1 Growth Centres are the highest in the hierarchy of nodes in Windsor due to their scale, density, range of uses, function and current or future identity. Growth Centres should be planned:

(a) To serve as focal areas for investment in institutional and region-wide public services, as well as commercial, recreational, cultural and entertainment uses;

(b) To accommodate and support major transit infrastructure; (c) To serve as high density major employment centres; (d) To accommodate a significant share of households and

employment growth; and,


(e) To accommodate a minimum density of 200 residents and 200 jobs per net hectare;

The minimum density for new residential-only development is 80 units per net hectare.

MAJOR ACTIVITY CENTRES

3.3.1.2 Major Activity Centres are second in the hierarchy of nodes in Windsor. The following comprise Windsor‟s Major Activity Centres:

(a) Regional Commercial Centres; (b) Regional Institutional Centres; (c) Regional Employment Centres; and (d) Regional Open Space System.

These types of nodes are considered to be sub-regional in the context of Windsor and were originally planned as single-use facilities that have evolved into multi-use urban areas with a variety of densities. Typically, these nodes are currently or have the potential to be important destinations within the regional public transit network. Future residential development and redevelopment at Major Activity Centres should be medium (30 units per net hectare) to high-density (80+ units per net hectare). Residential intensification is desired at or near Major Activity Centres. Development surrounding these locations will be subject to the preparation of a Secondary Plan or plan of subdivision.

(a) Regional Commercial Centres Regional Commercial Centres are a type of Major Activity Centre where commercial services are provided to residents across the city and region. This type of node also provides the location for serving the daily and weekly shopping needs of residents living within or near the node. Regional Commercial Centres may also function as employment centres providing population serving offices, retail, personal services and local institutions. In the future these nodes should function as vibrant mixed-use commercial-residential neighbourhoods serving a higher density of population. Ideally, the predominant form of new or redeveloped housing should be medium and high-density residential buildings with ground floor and possibly second floor commercial uses and upper floor residential dwellings.

(b) Regional Institutional Centres

Regional Institutional Centres are a type of Major Activity Centre where institutional services are provided to residents across the


city and region. This type of node typically serves as a location for the provision of hospital-based health care and/or major post-secondary institutions. Regional Institutional Centres can also function as employment centres providing jobs in the health care, education, research and development, offices, retail and personal service sectors.

(c) Regional Employment Centres

Regional Employment Centres are a type of Major Activity Centre where a large number of jobs are located. This type of node typically serves as a location for the large scale manufacturing or distribution of goods. Additionally, retail, office and personal service uses may be established as ancillary uses.

(d) Regional Open Space System

The Regional Open Space System includes the major natural and open space features that form part of a continuous system throughout Windsor. Some components of the Regional Open Space System are also designated as Natural Heritage in the Official Plan although not all Natural Heritage features are components of the Regional Open Space System. The Regional Open Space System includes an existing and future natural and naturalized corridor around Windsor with opportunities for future recreation and recreational pathways.

3.3.2 Corridors

Corridors represent the backbones of the urban network structure. Neighbourhoods gravitate towards these corridors to serve their everyday needs or to connect with larger nodes, commercial centres and employment centres to access a wider range of services and opportunities. Corridors have opportunities for intensification that would provide a wider range of services and opportunities for adjacent neighbourhoods but also more opportunities to live and work in the area. Corridors may connect with nodes and extend along roadways radiating away from a central point. Some corridors exist without such connections and represent stand alone sections. Corridors are located along transit routes, with City Corridors having the most frequent service. Ideally, corridors are walkable, providing neighbourhoods and those who use transit with easy access to services along main streets. Corridors provide residents with opportunities to travel by bus, bicycle or on foot to their desired destination within or


beyond their neighbourhood. Increased employment and residential densities along corridors support more frequent transit, and in turn more frequent transit supports and attracts higher density land uses along the corridor. This symbiotic relationship between transit, pedestrians and corridor intensification is key to the success of any corridor. Thus, corridors and transit should be planned and fostered together.

CITY CORRIDORS

3.3.2.1 City Corridors serve to connect the City Centre Growth Centre and Regional Commercial Centres. City corridors radiate from these Centres following numerous high frequency transit corridors. City corridors connect to Regional Commercial Centres along selected arterial roads but do not extend as far outward or as numerous as corridors connected to the City Centre. These corridors are intended to provide services for those living in close proximity to the area but also those who may arrive by transit, bicycle and by car. There are higher density employment and residential opportunities, with a significant amount of retail to support both every day needs, but also needs beyond the day such as furniture and appliance stores, home improvement stores, and stores that carry specialty items. Pharmacies and medical service are available with multiple choices for specialized care including doctors who specialize in specific types of care. Government services and buildings associated with the municipality, province or federal government are also found in these areas. Entertainment facilities, designed to attract people from well beyond the immediate area are also found on corridors that radiate from the City Centre. Transit service is frequent (10-20 minute peak headways) and offers multiple connections to other nodes and corridors throughout the city by a main transfer location or transit station. Regional transit connections are also available. Residential development may include high profile (26 to 58 metres in height), medium profile (14 to 26 metres in height) and residential over retail at street, as well as row housing and lofts.

NEIGHBOURHOOD CORRIDORS

3.3.2.2 The purpose and function of neighbourhood corridors is to link street sections to neighbourhood nodes or as standalone sections of community retail and services. These corridors provide for the day to day needs of the immediate neighbourhood that surrounds them. While employment is not the major focus, these corridors create a sense of community by


providing places for residents to walk such as local retail businesses and services. Local services may also include pharmacies, convenience stores and retail to serve the day to day needs of residents. Transit service is available and multiple routes may converge within the corridor and provide a few connections to other corridors and to Regional Commercial Centres.

3.3.3 Neighbourhoods

Neighbourhoods are the most basic component of Windsor‟s urban structure and occupy the greatest proportion of the City. Neighbourhoods are stable, low-to-medium-density residential areas and are comprised of local streets, parks, open spaces, schools, minor institutions and neighbourhood and convenience scale retail services. The three dominant types of dwellings in Windsor‟s neighbourhoods are single detached, semi-detached and townhouses. The density range for Windsor‟s neighbourhoods is between 20 to 35 units per net hectare. This density range provides for low and some medium-density intensification to occur in existing neighbourhoods. Multiple dwelling buildings with medium and high-densities are encouraged at nodes identified in the Urban Structure Plan.

3.3.4 Structural Elements in Neighbouring Communities

Several urban structural elements are included for the neighbouring communities of Detroit, Michigan, United States of America; and the towns of Tecumseh and LaSalle in Essex County, Ontario. These communities are beyond Windsor Council‟s jurisdiction and the structural elements are included on Official Plan Volume I – Schedule „J‟ for reference purposes only.

City of Windsor Official Plan Volume I Land Use 6 - 11

MAINTENANCE & REHABILITATION STANDARDS

6.3.2.18 Council shall promote the maintenance of Windsor‟s housing stock at a standard sufficient to provide acceptable conditions of health, safety and appearance in accordance with the Community Improvement section of this Plan.

MONITOR HOUSING

6.3.2.19 The Municipality will continue to monitor residential development activity and the supply and affordability of existing housing.

SHORT TERM LAND SUPPLY

6.3.2.20 Council shall endeavor to maintain at least a three year supply of draft approved and registered residential lots and blocks in order to meet anticipated short term housing demands.

LONG TERM LAND SUPPLY

6.3.2.21 Council shall maintain at least a ten year supply of land designated for residential development to meet anticipated long term housing demands.

6.4 Employment

Employment lands provide the main locations for business and industrial activities. In order to strengthen Windsor‟s economy, meet the land and infrastructure needs of employment activities and address concerns over compatibility, employment land uses are provided under two designations on Schedule D as either Industrial or Business Park. The following objectives and policies establish the framework for development decisions in Employment areas. 6.4.1 Objectives

POSITIVE BUSINESS ENVIRONMENT

6.4.1.1 To ensure Windsor continues to be an attractive place to establish businesses and locate employees.

ASSESSMENT BASE

6.4.1.2 To expand Windsor‟s assessment base by attracting employers and economic development.

COMPATIBLE DEVELOPMENT

6.4.1.3 To ensure that employment uses are developed in a manner which are compatible with other land uses.

RANGE OF USES

6.4.1.4 To accommodate a full range of employment activities in Windsor.

SUPPORT SERVICES

6.4.1.5 To enhance the quality of employment areas by providing for complementary services and amenities.


ACCESSIBLE

6.4.1.6 To locate employment activities in areas which have sufficient and convenient access to all modes of transportation.

SUFFICIENT LAND SUPPLY

6.4.1.7 To ensure that a sufficient land supply for employment purposes is maintained over the 20 year period of this Plan.

INFRASTRUCTURE

6.4.1.8 To ensure that adequate infrastructure services are provided to employment areas.

VIABLE AREAS

6.4.1.9 To maintain and develop viable industrial areas.

VISIBLE LOCATIONS

6.4.1.10 To provide highly visible and attractive locations for business park development.

COMPREHENSIVELY PLANNED

6.4.1.11 To promote comprehensively planned employment areas.

6.4.2 General Policies

SUFFICIENT SUPPLY

6.4.2.1 Council shall designate a sufficient supply of appropriately located Industrial and Business Park lands to meet the projected 20 year employment demands.

ATTRACT BUSINESS

6.4.2.2 Council shall encourage businesses and industries to locate and expand in Windsor.

CITY PARTICIPATION

6.4.2.3 Council shall facilitate economic investment by:

(a) planning and developing Industrial and Business Park areas;

(b) participating in the development or redevelopment of strategic areas of Windsor;

(c) fostering public-private partnerships to facilitate economic development; and

(d) other measures as may be appropriate.

SITE PLAN CONTROL

6.4.2.4 Council shall require all development within areas designated as Industrial and Business Park to be subject to site plan control, with the exception of Public Open Space uses.


HERITAGE CONSERVATION

6.4.2.5 Council shall encourage the conservation and adaptive reuse of historic and/or architecturally significant buildings within areas designated as Industrial or Business Park in accordance with the Heritage Conservation chapter of this Plan.

CONTAMINATED SITES

6.4.2.6 Council shall encourage the redevelopment of contaminated Industrial or Business Park sites in accordance with section 5.4.8 of the Environment chapter of this Plan.

AREAS IN TRANSITION

6.4.2.7 Council may support the redevelopment of older and/or abandoned Industrial or Business Park areas to other land uses provided:

(a) the proponent can demonstrate that:

(i) the redevelopment of the area would not be detrimental to other Industrial or Business Park uses still operating in the area; and

(ii) the redevelopment of the area is in keeping with the long term transition of the entire area to similar uses;

(b) the environmental conditions of the site do not preclude development (see Environment chapter); and

(c) subject to an amendment to this Plan that is consistent with the appropriate policies for the desired land use.

HIGH QUALITY DESIGN

6.4.2.8 Council shall require a high standard of architectural and landscape design for Industrial and Business Park designations adjacent to the Highway 401 corridor given its visibility along an international gateway, in accordance with the Urban Design chapter of this Plan. (added by OPA #60–05/07/07-B/L85-2007–OMB Decision/Order No.2667, 10/05/2007)

6.4.3 Industrial Policies

The Industrial land use designation provides for a broad range of industrial uses which, because of their physical and operational characteristics, are more appropriately clustered together and separated from sensitive land uses. This designation is also applied to certain older industrial areas of Windsor where such a separation may not have been achieved.


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;


(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)


(g) Methadone Clinics provided that:

(i) such uses are located a minimum of 150 metres from lands used or zoned for residential, institutional

or open space purposes, excluding lands used for Hospitals, Universities, and Community Colleges; and

any lands used for a Methadone Clinic

(ii) such uses satisfy the evaluation criteria set out in Section 6.5.3.7 of the Commercial Corridor Policies, with the exception of the requirement that the proponent demonstrate that a proposed commercial development is acceptable in terms of the proposal‟s market impact on other commercial areas; and

(iii) the use is supported by a Planning Rationale Report,

provided by the applicant/agent, containing details of the application including proximity to public transit and supporting reasons why the application should be approved, to the satisfaction of the Municipality. (Added by OPA #82 – June 20, 2011, B/L 117-2011)

(Deleted by OPA #106 – November 6, 2015, B/L 143-2015)

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;

(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;


(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)

6.5 Commercial

Commercial lands provide the main locations for the purchase and sale of goods and services. In order to strengthen Windsor‟s economy, ensure convenient access and address compatibility concerns, Commercial land uses are provided under two designations on Schedule D: Commercial Centre and Commercial Corridor.

City of Windsor Official Plan Volume I Infrastructure 7 - 28

DEVELOPMENT CRITERIA

7.2.11.3 New Development, as well as renovations, minor additions and alterations to existing buildings adjacent to the Detroit-Windsor Tunnel is permitted provided that the development does not:

(a) Negatively impact the structure of the Detroit-Windsor Tunnel;

(b) Have a negative impact on the maintenance of the Detroit-Windsor Tunnel; and

(c) Take place in a manner that the continued operation and maintenance of the Detroit-Windsor Tunnel does not have a negative impact on the proposed development.

MUNICIPAL WORKS

7.2.11.4 Any municipal works in the right-of-way within the Detroit-Windsor Tunnel Constraint Area shall be bound to the policies set forth in this section.

SUPPORT STUDIES

7.2.11.5 Proponents of development within or adjacent to the Detroit-Windsor Tunnel Development Constraint Area as designated on Schedule ‘C’: Development Constraint Areas and Schedule ‘E’: City Centre Planning District shall successfully complete a geotechnical study, prepared by a qualified professional, to confirm that the development will be compatible with the Detroit-Windsor Tunnel.

REVIEW PROCEDURE

7.2.11.6 The qualified professional who completed the required geotechnical investigation shall:

(a) Sign and submit a statement, to the Municipality, confirming that the site is suitable for the proposed development; and

(b) Submit all documentation to the Municipality regarding the geotechnical investigation for review and concurrence by an independent peer reviewer, prior to the issuance of any building permit.

PEER REVIEW 7.2.11.7 Where an independent peer review is required by the Municipality, the proponent shall be required to pay for the review.

7.3 Infrastructure

The provision of infrastructure such as sewerage and stormwater management works and utilities allows all land uses to serve their intended function and ensures a safe and healthy environment. In order to accommodate sustainable, efficient and effective infrastructure, Council will ensure that they are provided and maintained in an orderly and coordinated fashion.


7.3.1 Objectives

COORDINATED, EFFICIENT AND COST EFFECTIVE

7.3.1.1 To provide infrastructure in a coordinated, efficient and cost effective manner to accommodate projected needs.

INTEGRATED PLANNING

7.3.1.2 To integrate the planning for infrastructure with the planning for growth so that these are available to meet current and projected needs.

MAXIMIZE USE OF EXISTING INFRASTRUCTURE

7.3.1.3 To maximize and optimize the use of existing infrastructure and corridors prior to the extension and creation of new ones.

MAINTAIN & UPGRADE

7.3.1.4 To establish priorities for the maintenance and up-grading of existing infrastructure.

SUFFICIENT SUPPLY

7.3.1.5 To ensure that there is sufficient infrastructure to accommodate anticipated growth in Windsor.

NATURAL & RECREATION OPPORTUNITIES

7.3.1.6 To encourage the integration of natural and recreational opportunities with physical services.

STORMWATER MANAGEMENT

7.3.1.7 To manage stormwater to effectively control the quality and quantity of urban runoff.

WATER QUALITY

7.3.1.8 To protect, manage and enhance water quality and quantity.

SOLID WASTE MANAGEMENT

7.3.1.9 To provide for the minimization and management of solid waste.

WATER CONSERVATION

7.3.1.10 To promote water conservation measures.

SEWAGE MANAGEMENT

7.3.1.11 To provide and maintain sanitary sewers, pumping stations and sewage treatment plans with sufficient capacity to accommodate the existing and future development.

NATURAL HERITAGE

7.3.1.12 To direct infrastructure, where possible, away from Natural Heritage Features and Areas.


7.3.2 General Policies

INFRASTRUCTURE DEFINITION

7.3.2.1 For the purpose of this Official Plan, infrastructure include sewerage, stormwater management and water works, waste management systems, electric power, communications, telecommunications, transit corridors, transportation corridors, and oil and gas pipelines and associated facilities.

MANAGEMENT PLAN

7.3.2.2 Council may require the preparation, implementation and monitoring of an Infrastructure Management Plan for Municipally owned and/or operated infrastructure, such as sewerage and stormwater management works, as a basis to:

(a) Prioritize strategies for the maintenance and rehabilitation of existing infrastructure and the provision of new infrastructure; and

(b) Monitor available capacity for new development.

NEW DEVELOPMENT

7.3.2.3 Council shall require all new developments to have full municipal infrastructure available, or agreements in place to provide such infrastructure, as a condition of approving a development proposal.

INDIVIDUAL ON-SITE SEWAGE SERVICES

7.3.2.4 Council shall not permit development on individual on-site sewage services beyond existing farm living lots.

NEW INDIVIDUAL ON-SITE SEWAGE SERVICES

7.3.2.5 Council shall not permit the installation of individual on-site sewage services in new developments.

MONITOR CAPACITY

7.3.2.6 Council shall monitor the available uncommitted reserve capacity of existing Municipally owned and/or operated infrastructure to ensure that they can accommodate projected long-term growth.

7.3.3 Infrastructure Provision Policies

INFILLING GIVEN PRIORITY

7.3.3.1 Council shall encourage the development of existing serviced, underutilized or undeveloped lands within Windsor prior to the extension of municipally owned and/or operated infrastructure to vacant areas within Windsor.

EVALUATING A PROPOSED EXTENSION

7.3.3.2 Council shall only approve the extension of municipally owned and/or operated infrastructure within Windsor when the following factors have been addressed:


(a) The need for the extension of infrastructure has been clearly demonstrated through a comprehensive analysis and public consultation process completed in accordance with relevant provincial legislation;

(b) The resulting extension provides infrastructure to areas which are currently designated and planned for development in accordance with the Land Use chapter of this Plan and secondary plans, where appropriate;

(c) The extension of infrastructure provides for a logical phasing of development.

ADJACENT MUNICIPALITIES

7.3.3.3 Council shall consider the provision of municipal infrastructure to adjacent municipalities and/or County of Essex in accordance with section 10.5 of this Plan.

NATURAL & RECREATION OPPORTUNITIES

7.3.3.4 Council shall promote the integration of the natural environment, the Greenway System, Bikeways and Recreationways with physical service corridors where appropriate. New corridors will not be promoted within natural environment areas.

MINIMIZE NEGATIVE EFFECTS

7.3.3.5 Council shall require that the provision, expansion or modification of infrastructure minimize negative effects on existing neighbourhoods, adjacent land uses and the natural environment.

CONSOLIDATE INFRASTRUCTURE

7.3.3.6 Council shall require the consolidation of infrastructure within rights-of-ways.

INTEGRATE WITH DEVELOPMENT PATTERN

7.3.3.7 Council shall encourage the coordinated planning of future physical service routes, easements and corridors in cooperation with other physical service providers to ensure their integration within the established or anticipated pattern of development.

INFRASTRUCTURE PLANS

7.3.3.8 Council shall require an infrastructure plan or other suitable study completed in accordance with relevant provincial legislation prior to the approval of a development proposal that determines:

(a) The routing, sizing, cost sharing and timing of infrastructure;

(b) How any negative impacts on existing infrastructure, the environment and the surrounding area will be addressed; and

(c) Other issues as appropriate (see Part V: Implementation).

INTERIM INFRASTRUCTURE

7.3.3.9 Council may allow interim servicing solutions prior to the provision of


full municipal infrastructure in order for a development to proceed, but shall ensure that:

(a) Such interim infrastructure solutions will not create adverse capacity problems elsewhere in the system or prejudice the Municipality’s achievement of an infrastructure solution for the surrounding area; and

(b) Any interim infrastructure solution will not create any adverse effects on public health, safety or the environment.

INTERIM INFRASTRUCTURE AGREEMENT

7.3.3.10 As a condition of approval of interim infrastructure, Council shall require an agreement which addresses issues such as the installation and termination of the interim infrastructure, and the installation of permanent infrastructure.

7.3.4 Sewerage and Stormwater Management Works Policies

COMBINED SEWER SEPARATION

7.3.4.1 Council shall provide for the continued phasing-in of the separation of combined sewers based on the direction in the Infrastructure Management Plan.

DETERMINING NEEDS

7.3.4.2 Council shall provide for the rehabilitation of the existing sewerage system with priority given to those areas identified in an Infrastructure Management Plan where:

(a) The existing sewer is in a state of physical collapse posing a hazard to personal property, health, safety and/or the environment;

(b) The existing sewer is in danger of imminent collapse and where other immediate physical service or road construction is required within the same right-of-way; and

(c) The rehabilitation of the sewer is required to prevent backup of domestic sewage from existing overtaxed sewers or where required to reduce demands on the pollution control plants.

IMPLEMENT MEASURES

7.3.4.3 Council shall provide for the implementation of preventative measures that reduce demands on the sewerage system by:

(a) Promoting the disconnection of roof drainage systems, weeping tiles, where appropriate, and other sources of inflow or infiltration into the sewerage system;

(b) Requiring that new development be constructed with devices to


assist in the prevention of potential surcharging and basement flooding;

(c) Separating road drainage from combined systems and directing road drainage to new storm sewers or storm relief sewers; and

(d) Other measures as may be appropriate.

POLLUTION CONTROL PLANTS

7.3.4.4 Council shall protect pollution control plants from incompatible development in accordance with the Environment chapter of this Plan.

STORMWATER MANAGEMENT FOR DEVELOPED AREAS

7.3.4.5 The Municipality may develop stormwater management plans for developed areas of Windsor to control and improve the quality and quantity of runoff.

STORMWATER MANAGEMENT FOR PROPOSED DEVELOPMENT

7.3.4.6 Council, in consultation with appropriate public agencies may require a proponent of development to submit studies of stormwater runoff and its impact on the water quality and quantity of receiving watercourse based on the Ministry of Environment’s current provincial guideline manual for stormwater management design.

DEVELOPMENT PROPOSALS

7.3.4.7 Council shall require proponents of development that require stormwater management systems to:

(a) Use stormwater management measures to manage the storage and controlled flow of water to receiving watercourses;

(b) Use stormwater management measures which prevent siltation and erosion and do not negatively impact the water quality of receiving watercourses;

(c) Consider, where appropriate, enhancing the vegetation, wildlife habitats and corridors in and along the stormwater management system and the receiving watercourse; and

(d) Consider, where appropriate, providing public access to and along the stormwater management system and receiving watercourses for recreation.

BEST AVAILABLE METHODS

7.3.4.8 Council, in consultation with appropriate public agencies shall require proponents of development to employ the best available methods in the planning, construction and eventual use of storm water management systems.


INTER-MUNICIPAL STORMWATER

7.3.4.9 The Municipality shall accommodate the flow of stormwater across municipal boundaries in cooperation with adjacent municipalities.

MUNICIPAL OWNERSHIP

7.3.4.10 The Municipality will operate and maintain stormwater management facilities under its ownership.

7.3.5 Solid Waste Management Policies

SOLID WASTE MANAGEMENT MASTER PLAN

7.3.5.1 Council shall adopt a solid waste management master plan which identifies objectives for the management of solid waste within Windsor.

PROVIDE FACILITIES

7.3.5.2 Council shall encourage all development proposals to provide adequate waste disposal and recycling facilities.

ACTIVE & FORMER WASTE DISPOSAL SITES

7.3.5.3 All proponents of development on and in the vicinity of active and former waste disposal sites shall be required to complete a study to support the feasibility of the proposal and, if feasible, identify appropriate mitigation measures in accordance with the Environment chapter of this Plan.

NEW SITES 7.3.5.4 Council shall provide for the development of new solid waste management facilities in accordance with provincial legislation, policy and appropriate guidelines.

7.3.6 Utilities and Other Infrastructure Policies

COOPERATION 7.3.6.1 Council shall cooperate with utility providers in the planning, construction and operation of networks for the adequate supply and distribution of infrastructure.

SETBACKS 7.3.6.2 Council shall require sufficient setbacks and buffer zones between major infrastructure rights-of-ways, associated facilities and adjacent land uses, in accordance with provincial standards and guidelines.

ELECTRIC POWER FACILITIES

7.3.6.3 Electric power supply facilities, such as transmission lines, transformer stations and distribution stations shall be permitted in any land use designation without amendment to this Plan, provided the planning of all such facilities are approved under, and satisfy the provisions of, relevant provincial legislation.

TELECOMMUNICATION

FACILITIES 7.3.6.4 Telecommunication facilities, such as aerial and fibre optic cables,

pedestals, outside plan interfaces (OPI) and walk-in-cabinets (WIC) shall


be permitted in all land use designations without amendment to this Plan, provided the planning of all such facilities area approved under, and satisfy the provisions of relevant federal and provincial legislation and Industry Canada’s procedures.

CONSULTATION 7.3.6.5 Utility providers, including electric power supply companies, communication companies, and telecommunication companies shall be encouraged to consult with the Municipality and the affected residents during the planning of new facilities, where applicable.

MAJOR WATER USERS

7.3.6.6 Council shall encourage uses requiring large volumes of water to:

(a) Locate in areas of Windsor where there is sufficient capacity in the water distribution network to accommodate such uses; and

(b) Utilize water recycling procedures to reduce the demand for water, and lower the volume of waste water discharge and to reduce the impact of effluents on receiving watercourses.


(c) On street parking may be permitted on Class II Collector Roads and Local Roads provided there is sufficient paved road width.

RESTRICT ON-STREET PARKING

7.2.2.15 Council may restrict on-street parking in a manner that does not conflict with future and planned uses of the right of way by:

(a) Removing on-street parking where the added roadway space is required to install left or right turn lanes;

(b) Removing on-street parking where the added roadway space may be required to install bicycle lanes;

(c) Removing on-street parking where the added roadway space if

required for transit purposes; (d) Removing on-street parking where there is a need to move traffic

more efficiently;

(e) Removing on-street parking where the City has constructed off street lots to offset the loss of on-street parking.

ON STREET PARKING – STREET SCAPING

7.2.2.16 Council may permit on-street parking as part of a streetscaping plan designed to create a buffer between road traffic and pedestrian sidewalk areas.

BICYCLE PARKING

7.2.2.17 Council shall make provision for bicycle parking spaces by requiring bicycle spaces at all developments.

LAND USE AND TRANSPORTATION

7.2.2.18 Council shall recognize the link between land use and transportation systems by:

(a) Focusing office development and high-density employment and high density residential in areas which have access to transit and pedestrian amenities;

(b) Encouraging commercial and employment uses within 400 metres to 800 metres of residential areas to promote the use of active transportation and to promote transit service.

SUSTAINABLE SITE DESIGN

7.2.2.19 Council shall require the use of sustainable site design during the Site Plan Control process to ensure accessibility for all pedestrians and cyclists by:

(a) Requiring buildings and access points to buildings be placed to provide convenient access to the public right of way;


(b) Ensuring the provision of sidewalk and cycling connections to and from the entrances of the development and cycling facilities;

(c) Ensuring that sidewalk and cycling connections are barrier free throughout the seasons;

(d) Ensuring that the sidewalk and cycling connections minimize the walking and cycling distance to and from the right of way and

(e) Encouraging a more street level design and access by planning parking lots in such a way to not adversely impact such access.

TRANSIT SUPPORTIVE DEVELOPMENT

7.2.2.20 Council shall support transit by planning for compact mixed-use, higher density residential, commercial and employment development within concentrated nodes and corridors that are adjacent to higher order transit corridors.

MINIMIZING VEHICLE TRIPS AND TRAVEL DISTANCES

7.2.2.21 Council shall implement land use patterns that promote sustainable travel by locating land uses within reasonable walking or cycling distance by:

(a) Encouraging development that include an appropriate mix of residential, commercial and employment lands within reasonable walking distance of each other;

(b) Planning higher density developments in areas along major transportation corridors and nodes;

(c) Integrating land use and transportation planning decisions by

ensuring each fit the context of each other’s specific needs.

TRAVEL DEMAND MANAGEMENT

7.2.2.22 Council and Transit Windsor will encourage employers to manage their travel demand by:

(a) Promoting the use of ride sharing and car-pooling to reduce parking demand and to reduce vehicles on nearby streets;

(b) Promoting the use of bulk or special transit pass purchases by employers for employees that offer discounts over regular transit pass prices and encourage transit usage;

(c) Encouraging companies to alternate hours of work to reduce the peak hour traffic and parking demand.

POST SECONDARY STUDENT TRANSPORTATION

7.2.2.23 Council shall encourage post secondary institutions to implement tuition-based bus pass programs to reduce travel and parking demand.


(f) Requiring all schools to provide adequate on-site parking and

loading/unloading facilities. SCHOOL ACTIVE TRANSPORTATION PLANS

7.2.2.27 Council shall require that school boards implement active transportation plans for new or refurbished schools that include:

(a) Safe walking routes including new sidewalk connections, street crossing improvements and other pedestrian infrastructure within the school property or municipal road allowance fronting the school property;

(b) Appropriate way finding signage where necessary; and (c) Sufficient bicycle parking facilities for all students.

CONTROLLED ACCESS DESIGNATION

7.2.2.28 Council may designate any road as a controlled access road, regardless of classification for the purpose of protecting said roadway from driveway accesses that would be detrimental to the road’s intended purpose or function.

SCHEDULE F-1 AND OPA #43

7.2.2.29 Schedule F-1 to the Plan designates those elements that consist of rail corridors and some rail yards. The uses permitted on the lands so designated are those currently in existence and those uses permitted by the zoning by-law. These elements of the transportation system, while important to broader economic goals, have historically resulted in significant land use impacts on adjacent uses. It is a policy of this Plan that, for uses other than those permitted by the zoning by-law:

(a) No change to rail uses on, and

(b) No expansions for non-rail uses of those rail corridors and rail yards designated on Schedule F-1 will be made without amendment to this Plan as may be required by s. 7.2.8.4.

7.2.3 Pedestrian Network Policies

PEDESTRIAN MOVEMENT

7.2.3.1 Council shall require all proposed developments and infrastructure undertakings to provide facilities for pedestrian movements wherever appropriate by:

(a) Requiring safe, barrier free, convenient and direct walking conditions for persons of all ages and abilities;


(b) Ensuring that all residents have access to basic community amenities and services and public transit facilities without dependence on car ownership; and

(c) Providing a walking environment within public rights-of-ways that encourages people to walk to work or school, for travel, exercise, recreation and social interaction.

PEDESTRIAN NETWORK

7.2.3.2 Council shall make pedestrian movement safer and more convenient by:

(a) Requiring the provision of sidewalks in new developments as follows: (i) On both sides of all Class I and Class II Arterial Roads,

Class I and Class II Collector Roads and Scenic Drives; and

(ii) On at least one side of all Local Roads.

(b) Giving priority to the completion of the pedestrian network in areas where there is significant vehicular and pedestrian traffic and policy clause (a) her-in has not been met;

(c) Installing signalized pedestrian refuge median islands where warranted;

(d) Maintaining the structural integrity of all existing pedestrian network and walkway connections in neighbourhoods;

(e) Ensuring the natural surveillance of all existing pedestrian walkway connections in neighbourhoods to optimize safety such that the amount of unobservable space is minimized;

(f) Requiring street lighting;

(g) Requiring that all new residential subdivisions incorporate traffic calming measures consistent with the Traffic Calming Policy; and

(h) Providing special sidewalk treatments at all intersections to make visible the location of the pedestrian crossing to drivers and to provide a tactile warning to visually impaired pedestrians that they are about to cross a roadway.

RECREATIONWAY 7.2.3.3 The Recreationway is designated on Schedule B: Greenway System.

RECREATIONWAY DEVELOPMENT

7.2.3.4 Council shall provide for the development of the Recreationway by:

City of Windsor Official Plan Volume I Urban Design 8 - 14

(c) maintains and enhances valued heritage resources and natural area features and functions.

(d) Encourages the creation of attractive residential streetscapes through architectural design that reduces the visual dominance of front drive garages, consideration of rear lanes where appropriate, planting of street trees and incorporation of pedestrian scale amenities. (added by OPA #60–05/07/07-B/L85-2007–OMB Decision/Order No.2667, 10/05/2007)

REDEVELOPMENT AREAS

8.7.2.2 Council will ensure that the design of extensive areas of redevelopment achieves the following:

(a) provides a development pattern that support a range of uses and profiles;

(b) defines the perimeter of such an area by a distinct edge which may be formed by roads, elements of the Greenway System or other linear elements;

(c) contains activity centres or nodes which are designed to serve the area and which may be identified by one or more landmarks;

(d) provides transportation links to adjacent areas; and

(e) maintains and enhances valued historic development patterns or heritage resources.

(f) is complementary to adjacent development in terms of overall massing, orientation, setback and exterior design, particularly character, scale and appearance. (Added by OPA #66–11/05/07-B/L209-2007)

INFILL DEVELOPMENT

8.7.2.3 Council will ensure that proposed development within an established neighbourhood is designed to function as an integral and complementary part of that area’s existing development pattern by having regard for:

(a) massing;

(b) building height;

(c) architectural proportion;

City of Windsor Official Plan Volume I Urban Design 8 - 15

(d) volumes of defined space;

(e) lot size;

(f) position relative to the road; and

(g) building area to site area ratios.

(h) the pattern, scale and character of existing development; and, (Added by OPA #66–11/05/07-B/L209-2007)

(i) exterior building appearance (Added by OPA #66–11/05/07-B/L209-2007)

TRANSITION IN BUILDING HEIGHTS

8.7.2.4 Council will ensure a transition among Very High, High, Medium and Low Profile developments through the application of such urban design measures as incremental changes in building height, massing, space separation or landscape buffer.

CONTINUOUS BUILDING FACADES

8.7.2.5 Council will require new development to support the creation of continuous building facades along Mainstreets through the street level presence of:

(a) community facilities, retail shops, and other frequently visited uses; and

(b) architectural features and elements which can be experienced by pedestrians.

City of Windsor Official Plan Volume I Tools 11 - 23

11.7 Site Plan Control

Site Plan Control may be used to regulate the design of a development in accordance with the provisions of the Planning Act.

11.7.1 Objective

URBAN DESIGN 11.7.1.1 To implement the urban design policies of this Plan.

11.7.2 Policies

SITE PLAN CONTROL AREA

11.7.2.1 The entire area within the City of Windsor is designated as a Site Plan Control Area. Council may enact a Site Plan Control By-law for all or part of the Site Plan Control area with immediate attention given to the following areas:

(a) The entire area within the City of Windsor is designated as a Site Plan Control Area; (Added by OPA #66–11/05/07-B/L209-2007)

(b) Commercial, industrial, mixed use, waterfront and medium and high profile residential development areas;

(c) Areas subject to secondary plans or community improvement plans;

(d) The City Centre Planning District;

(e) Areas designated as heritage conservation districts;

(f) Areas subject to the environmental policies of this Plan; and

(g) Areas in need of improvement. (Amended by OPA #89 effective 19/11/12)

EXEMPTIONS 11.7.2.2 Council may exempt the following developments from site plan control: (Added by OPA #66–11/05/07-B/L209-2007)

(a) An addition to an accessory building as defined in the Zoning By-law where such addition is for the purpose of replacing a temporary building or buildings, structure or structures, provided that the lot coverage of such addition does not exceed the lot coverage of the temporary building(s) or structures(s) it is intended to replace. A building to be used for residential purposes containing less than 25 dwelling units unless the building is:


(i) Subject to the environmental, heritage conservation and/or community improvement policies of this Plan;

(ii) Located in a Business Improvement Area;

(iii)Situated within and/or adjacent to a Civic Way, Theme Street, Gateway and/or Heritage Area as set out in Schedule G: Civic Image of this Plan;

(Amended by OPA #89 effective 19/11/12)

(b) Small scale additions and small new buildings for commercial,

combined commercial and residential, industrial or institutional use as noted in the Site Plan Control By-law; Small scale low profile residential development unless the property is: (i) situated within an area that has been Designated a Heritage Conservation District under Part V of the Ontario Heritage Act; (ii) situated within the following Community Improvement Plan (CIP) Areas:

City Centre West Urban Village CIP; Glengarry-Marentette Waterfront Village CIP; Olde Sandwich Towne CIP.

(iii) situated within an area where Urban Design Guidelines have been adopted by Council; (Amended by OPA #89 effective 19/11/12)

(c) A commercial or combined commercial and residential building provided that the total floor area, at grade, measured from the exterior walls does not exceed fifty (50) square metres; (Added by OPA #89 effective 19/11/12)

(d) An addition to an existing commercial or combined commercial and residential building provided that the floor area measured, at grade, from the exterior walls of the addition does not exceed: i) fifty (50) square metres or ii) ten per cent (10%) of the total floor area, at grade, of the existing building, provided, that the ten percent (10%) does not exceed one hundred and fifty (150) square metres; (Added by OPA #89 effective 19/11/12)

(e) An industrial or institutional building provided that the total floor area, at grade, measured from the exterior walls does not exceed on hundred (100) square metres; (Added by OPA #89 effective 19/11/12)

(f) An addition to an existing industrial or institutional building provided that the total floor area, at grade, measured from the


exterior walls does not exceed i) one hundred square metres, or ii) ten per cent (10%) of the total floor area, at grade, of the existing building provided that the ten percent (10%) does not exceed two hundred and fifty (250) square metres; (Added by OPA #89 effective 19/11/12)

(g) A temporary building or structure that is designed, constructed and placed on land in a manner which permits its removal after a period of time not to exceed one hundred and twenty (120) consecutive days;

(h) A sign including any alternation to an existing sign; (Added by OPA #89 effective 19/11/12)

(i) Building features or mechanical elements more particularly described as: a church spire, belfry, skylight, cupola, scenery loft chimney, smokestack, water tank, air-conditioning and/or heating equipment, ventilator, mechanical penthouse, protective and screening fences, communications equipment, pedestrian bridge, fire escape, building entrance/exit and canopy or awning, provided further that the said building feature or mechanical element is to be constructed separate and apart from any other development which requires approval; (Added by OPA #89 effective 19/11/12)

(j) A parking area containing less than 5 parking spaces including all parking spaces, collector aisles and manoeuvring aisles, provided further that the said parking area is to be constructed separate and apart from any other developments as defined in this by-law which requires approval; and A parking area capable of accommodating less than 5 parking spaces, including all parking spaces, collector aisles and maneuvering aisles, provided that the parking area is constructed separate and apart from any other development; and, (Amended by OPA #89 effective 19/11/12)

(k) The placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1, 2007. (Amended by OPA #89 effective 19/11/12)

REVIEW PROCEDURES

11.7.2.3 Site plan control applications shall consult with municipal staff prior to the submission of plans and drawings for approval under the provisions of the Planning Act. An application for site plan control shall include plans and drawings showing one or more of the following:

(a) The location of all buildings, structures, facilities and works to be


provided as a part of the proposed development;

(b) Plan, evaluation and cross-section views of each building to be erected;

(c) The massing and conceptual design of the building(s);

(d) The relationship of the building(s), streets and exterior areas to which the public have access;

(e) Interior walkways, stairs, elevators and escalators to which the public have access;

(f) Facilities designed to have regard for accessibility for persons with disabilities;

(g) Matters relating to exterior design, including without limitation, the character, scale, appearance and design features of buildings and their sustainable design;

(h) Sustainable design elements on adjoining highways including trees, other vegetation and permeable paving materials; and,

(i) Street furniture, curb ramps, waste and recycling containers and bicycle parking facilities. (Amended by OPA #89 effective 19/11/12)

PLANS & DRAWINGS

11.7.2.4 An application for site plan control approval shall include the plans required by s.41 of the Planning Act. An application for site plan control approval shall include the submission of plans and drawings showing the location of all buildings, structures, facilities and works to be provided as a part of the proposed development. (Amended by OPA #89 effective 19/11/12)

ADDITIONAL INFORMATION FOR APPLICATION

11.7.2.5 In addition to the provisions of Section 11.7.2.4, an application for site plan control approval shall include drawings showing plan and elevation views for each building to be erected and for each building to be used for residential purposes containing less than twenty-five dwelling units, which drawings are sufficient to display matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design. (Amended by OPA #89 effective 19/11/12)

LOCATIONAL CRITERIA WHERE

11.7.2.6 The provisions of Section 11.7.2.5 apply to the following: (a) Development situated within an area that has been designated a


ADDITIONAL INFORMATION FOR APPLICATION IS REQUIRED

Heritage Conservation District under Part V of the Ontario Heritage Act; (b) Development situated within the following Community Improvement Plan (CIP) Areas;

City Centre West Urban Village CIP; Glengarry-Marentette Waterfront Village CIP; Olde Sandwich Towne CIP;

(c) Development situated within an area where Urban Design Guidelines have been adopted by Council; (d) Development situated with and/or adjacent to a Civic Way, Main Street, or Gateway area; and (e) Development situated in a Business Improvement Area. (Amended by OPA #89 effective 19/11/12)

EVALUATION CRITERIA

11.7.2.7 Where an application for site plan control approval is made, Council or its designate shall review the submission based on the provisions of the Planning Act and the Site Plan Control By-law, including such criteria as:

(a) The relevant design guidelines and policies provided in Land use, Urban Design and Heritage Conservation chapters of this Plan, Volume II: Secondary Plans & Special Policy Areas and other relevant standards and guidelines;

(b) Other municipal guidelines as may be appropriate;

(c) Function and efficiency;

(d) Safety and access;

(e) Adequacy of servicing;

(f) Grading and drainage;

(g) Landscaping and lighting;

(h) Sustainable design elements for the site and any adjacent boulevard; (Added by OPA #66–11/05/07-B/L209-2007)

(i) Matters related to exterior design; (Added by OPA #66–11/05/07-B/L209-2007)

(j) Accessibility for persons with disabilities; and (Added by OPA #66–11/05/07-B/L209-2007)


(k) The design guidelines in the Sandwich Heritage Conservation

District Plan dated July 2008, adopted by By-law No. 22-2009. (OPA 68, effective October 19, 2012, OMB Case Order No. PL090206)

(l) Olde Sandwich Towne – Community Improvement Plan Supplemental Development and Urban Design Guidelines dated October 2008, adopted by By-Law 28-2009. (OPA 69, effective October 19, 2012, OMB Case Order No. PL090206)

(m) Applicable Community Improvement Plans. (Amended by OPA #89 effective 19/11/12)

AGREEMENTS 11.7.2.8 All applicants will normally enter into one or more agreements which the

City may register on title in accordance with the Planning Act. All applicants shall be required to post security to the Municipality to ensure the conditions of the site plan control agreement(s) are fulfilled. (Added by OPA #66–11/05/07-B/L209-2007)

CONDITIONS OF APPROVAL

11.7.2.9 The approval authority may attach such conditions as it deems appropriate to the approval of an application in accordance with the Planning Act. Such conditions may include, but are not limited to the following: (Added by OPA #66–11/05/07-B/L209-2007)

(a) A gratuitous land dedication at no expense to the municipality for highway widening and intersection improvements in accordance with section 7.2.6 of this Plan;

(b) The conveyance of property for daylighting triangles and corner roundings in accordance with the City of Windsor Development Standards;

(c) Street furniture, curb ramps, waste and recycling containers, bicycle parking facilities and the sustainable design elements on any adjoining highway under the Municipality‟s jurisdiction including trees, other vegetation and permeable paving materials; and, (Added by OPA #66–11/05/07-B/L209-2007)

(d) Facilities designed to have regard for accessibility for persons with disabilities. (Added by OPA #66–11/05/07-B/L209-2007)

11.8 Community Improvement

The Community Improvement provisions of the Planning Act allow municipalities to prepare community improvement plans for designated community improvement project areas that require community improvement as the result of age, dilapidation, overcrowding, faulty

Appendix D


D City of Windsor - Zoning By-law Policies

Page 18.1

SECTION 18 - MANUFACTURING DISTRICTS l. (MD1.

)

(l)

MANUFACTURING DISTRICT 1.1 (MD1.1)

(a)

Permitted Uses

(i) In this sub-section, any product described as small shall not exceed a maximum weight of 50 kilograms and a maximum volume of one cubic metre;

(ii) Any one (l) or more of the following industrial uses:

Food and l. A food catering service; preparation packaging and Beverage processing of food products, including a bakery, but Industries not including any of the following activities: rendering of fats or oils; slaughtering or processing of poultry, fish or meat products; processing of sauerkraut, vinegar, or yeast; flour milling;

Secondary 2. Manufacturing from any of the following materials: Manufacturing textiles; fur; glass; leather; paper; plastics; wood; yarns; tobacco; rubber and rubberized products;

Pharmaceutical 3. Manufacture of cosmetics, drugs, pharmaceutical Products products, toiletries;

Electrical 4. Construction of electrical products, the manufacture Appliances of small parts therefore. (AMENDED by B/L 8614,June 23/86)

Motor Vehicle 5. Manufacture of small parts for motor vehicles; Parts (AMENDED by B/L 8614, June 23, l986)

Scientific 6. Construction of scientific or professional equipment and Industrial the construction of industrial equipment; Professional (AMENDED by B/L 8614, June 23/86) Equipment

Signs 7. Construction or repair of electrical or other signs, billboards or other commercial advertising structures;

Tool and 8. Manufacture of moulds, dies, patterns; machine tools, Die jigs, fixtures; (AMENDED by B/L 8614, June 23/86)

Miscellaneous 9. Manufacture of musical instruments, ceramics, Manufacturing jewellery, toys, cutlery, or other small metal

products; manufacture and application of protective coatings;

(AMENDED by B/L 8614, June 23/86; B/L 370-2001, Nov. 15, 2001)

Warehousing 10. Warehouse; storage tanks; self-storage facility; (AMENDED by B/L 8614, June 23/86; B/L 370-2001 Nov. l5, 2001)

Repairs/ 11. A light repair shop, a heavy repair shop; Motor Vehicle Repair Welding 12. A welding shop for the welding of small

metal products;

Page 18.2

(iii) The operation of a water transportation facilities including a public or private dock. Truck transportation facilities are not permitted except as an accessory use to an industrial use permitted under sub-paragraph (ii), of this paragraph;

(Amended by B/L 324-2004, approved by OMB Decision/Order 1695, issued June 13, 2006) (iv) Dry cleaning, dyeing, laundry;

(v) Commercial printing, engraving, stereotyping, publishing; photographic processing;

(vi) A contractor's office; towing service, exclusive of an outdoor storage yard for the storage of motor vehicles; building materials recycling centre;

(AMENDED by B/L 363-2002, Dec. 31, 2002 AND by B/L 142-2006, Aug. 24, 2006)

(vii) Veterinary clinic; (AMENDED by B/L 370-2001, Nov. 15, 2001)

(viii) A wholesale store; machinery, tool or equipment rental agency; gas bar; automobile sales lot; a retail store for the sale of any one (l) or more

of the following: building supplies, tools, machinery and machine parts, home and garden maintenance and repair equipment, motor vehicle parts; a coin operated car wash; automatic car wash; take-out food outlet; micro-brewery; existing club;

(AMENDED by B/L 9057, July 7/87 and B/L 10238, May 30, l990 AND AMENDED by B/L 33-2001, October 23, 2001, OMB Decision/Order No. 1716, OMB Case No. PL010233 AND B/L 370-2001, November 15, 2001 AND AMENDED by B/L 375-2004, Dec. 21, 2004)

(ix) A public parking area; ambulance service;

(AMENDED by B/L 363-2002, Dec. 31, 2002) (x) Any use accessory to the foregoing uses, which may include the following:

a caretaker's residence; an outdoor storage yard, provided that there is no outdoor storage of sand or other aggregates; incidental millwork related to the retail sale of lumber.

(b)

Regulations

(i) Maximum building height - 14 metres (ii) Minimum Front Yard Depth - 6 meters [ZNG/4046] (AMENDED by B/L 48-2014, April 15/2014) (iii) Minimum side yard width - from an exterior lot line - 3 metres; from a dwelling - 6 metres; (iv) Minimum landscaped open - 15% of the lot area; space yard (v) The required yards shall be maintained exclusively as landscaped

open space yards, except that an access area may cross a required yard.

(vi) Supplementary Regulations:

- see Section 2l re: Supplementary Use Regulations 22 re: Supplementary Lot Regulations 23 re: Supplementary Building Regulations 24 re: Parking Space Regulations 25 re: Parking Area Regulations

(AMENDED by B/L 370-2001, November 15, 2001)

Page 18.5

(vi) Supplementary Regulations:

- See Section 2l re: Supplementary Use Regulations 22 re: Supplementary Lot Regulations 23 re: Supplementary Building Regulations 24 re: Parking Space Regulations 25 re: Parking Area Regulations

(AMENDED by B/L 370-2001, November 15, 2001) (3)

Manufacturing District l.3 (MDl.3)

(a)

Permitted Uses

(i) A railway; private or public dock;

(ii) Truck transportation facilities;

(iii) A warehouse; towing service; (AMENDED by B/L 363-2002, Dec. 31, 2002) (iv) A public parking area;

(v) Any use accessory to the foregoing uses including an outdoor

storage yard.

(vi) For any land zoned MD1.3 and located in an area bound by Wyandotte Street West to the north, Janette Avenue to the east, Tecumseh Road West to the south and McKay Avenue to the west, any industrial use permitted in Section 18(1)(a) shall be an additional permitted use. [ZNG/4046]

(AMENDED by B/L 48-2014, April 14, 2014)

(b)

Regulations

(i) Maximum building height - l4 metres

(ii) Supplementary Regulations:

- See Section 2l re: Supplementary Use Regulations 22 re: Supplementary Lot Regulations 23 re: Supplementary Building Regulations 24 re: Parking Space Regulations

25 re: Parking Area Regulations (4) (ADDED by B/L 370-2001, November 15, 2001)


(a)

Permitted Uses

Offices (i) Business, financial and medical offices; (AMENDED by B/L 141-2006, Aug. 24, 2006) Studios (ii) Professional studios; Research (iii) Scientific, medical, optical or dental laboratory; research facility; School (iv) Commercial school; school;

Page 18.6

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.

(AMENDED by B/L 363-2002, Dec. 31, 2002 AND B/L 375- 2004, Dec. 21, 2004 AND by OMB Order PL040243, File No. R040023, Decision/Order No. 0055, Issued Jan. 12, 2005 AND by B/L 141-2006, Aug. 24, 2006)

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

Page 18.7

(b)

Regulations

(i) Maximum building height - equal to the length of the longest exterior lot line or 20 metres, whichever is the lesser;

(AMENDED by B/L 363-2002, Dec. 31, 2002) (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

(5) (ADDED by B/L 370-2001, November l5, 2001)


(a)

Permitted Uses

Offices (i) Business, financial and medical offices; (AMENDED by B/L 141-2006, Aug. 24, 2006)

Studios (ii) Professional studios;

Research (iii) Scientific, medical, optical or dental laboratory; School (iv) Commercial school;

Industrial (v) Any one (1) or more of the following uses: 1. A food catering service; preparation and packaging of

Page 24.3

24.20.3 REQUIRED PARKING SPACES – BUSINESS IMPROVEMENT AREAS AND OTHER DEFINED AREAS

(AMENDED by B/L 130-2017, Sept. 28, 2017)

.1 Excluding lands in the Central Business District, for lands in any Business Improvement Area and for all lands within a Commercial District located:

.1 on the north and south side of Wyandotte Street West between Dougall Avenue and Patricia Road;

.2 on the north and south side of University Avenue between Dougall Avenue and Randolph Avenue;

.3 on the north and south side of Tecumseh Road East between Forest Avenue and Chilver Road, Cadillac Street and Larkin Road, and Westcott Road and Rossini Boulevard;

.4 on the east and west side of Ouellette Avenue between Giles Boulevard and Tecumseh Road;

for an existing building, the required minimum number of parking spaces shall be as shown opposite the respective use in Table 24.20.3.1:

TABLE 24.20.3.1 – REQUIRED PARKING SPACES BUSINESS IMPROVEMENT AREAS & OTHER DEFINED AREAS

USE PARKING RATE – MINIMUM

Bake Shop 0

Business Office 0

Convenience Store 0

Food Convenience Store 0

Food Outlet – Take-out 0

Medical Office 1 for each 27 m² GFA

Pawnshop 0

Personal Service Shop 0

Pharmacy 0

Professional Studio 0

Repair Shop – Light 0

Restaurant None for the first 90 m² GFA AND 1 for each additional 15 m² GFA

Retail Store 0

Veterinary Office 1 for each 27 m² GFA

All other uses not listed above Section 24.20.5 shall apply

24.20.5 REQUIRED PARKING SPACES –ALL OTHER AREAS AND USES NOT LISTED

IN TABLES 24.20.1.1 AND 24.20.3.1 .1 The required minimum number of parking spaces shall be as shown opposite

the respective use as shown in Table 24.20.5.1:

Page 24.8

.5 If a Combined use Building is occupied in part by a Minor Commercial Centre or a Major Commercial Centre, the total required number of parking spaces is the sum of the required number of parking spaces for each Dwelling Unit and for the Minor Commercial Centre of a Major Commercial Centre.

24.20.10 SIZE OF PARKING SPACE .1 Each parking space shall have a minimum length of 5.5 metres and a minimum

width of 2.5 metres, except where one side of the parking space is flanked by a wall or fence, each parking space shall have a minimum length of 5.5 metres and a minimum width of 3.5 metres.

24.22 VISITOR PARKING SPACE PROVISIONS 24.22.1 REQUIRED VISITOR PARKING SPACES .1 For a Townhome Dwelling without an attached garage or carport, Multiple

Dwelling with a minimum of five dwelling units, or Dwelling Units in a Combined Use Building, a minimum of 15 percent of parking spaces shall be marked as visitor parking.

.5 If the calculation of the number of visitor parking spaces results in a number

containing a fraction, the number shall be rounded DOWN to the nearest whole number, but in no case shall there be less than one visitor parking space and one required parking space.

24.22.10 SIZE OF VISITIOR PARKING SPACE .1 Each visitor parking space shall have a minimum length of 5.5 metres and a

minimum width of 2.5 metres, except where one side of the parking space is flanked by a wall or fence, each visitor parking space shall have a minimum length of 5.5 metres and a minimum width of 3.5 metres.

24.24 ACCESSIBLE PARKING SPACE PROVISIONS [ZNG/4046] (AMENDED by B/L 48-2014, April 15, 2014) 24.24.1 REQUIRED ACCESSIBLE PARKING SPACES .1 There shall be provided accessible parking spaces as shown in Table 24.24.1:

TABLE 24.24.1 – REQUIRED ACCESSIBLE PARKING SPACES

TOTAL NUMBER OF PARKING SPACES IN

PARKING AREA

REQUIRED NUMBER OF ACCESSIBLE PARKING SPACES – MINIMUM

TYPE A TYPE B

1 to 25 1 space 0

26 to 100 2 percent of

parking spaces 2 percent of

parking spaces

101 to 200 1.5 percent of parking spaces 0.5 space plus

1.5 percent of parking spaces

201 to 1,000 0.5 space plus

1 percent of parking spaces 1 space plus

1 percent of parking spaces

1,001 or more 5 spaces plus

0.5 percent of parking spaces 5.5 spaces plus

0.5 percent of parking spaces

Page 24.11

24.30 BICYCLE PARKING SPACE PROVISIONS 24.30.1 REQUIRED BICYCLE PARKING SPACES .1 There shall be provided bicycle parking spaces as shown in Table 24.30.1:

TABLE 24.30.1 – REQUIRED BICYCLE PARKING SPACES

TOTAL NUMBER OF PARKING SPACES IN PARKING AREA

REQUIRED NUMBER OF BICYCLE PARKING SPACES – MINIMUM

1 to 9

0

10 to 19

2

20 or more

2 for the first 19 spaces plus 1 for each additional 20 parking spaces

.7 If the calculation of the number of required bicycle parking spaces results in a

number containing a fraction, the number shall be rounded UP to the nearest whole number.

24.30.10 SIZE OF BICYCLE PARKING SPACE .1 Each bicycle parking space shall have a minimum dimension of 0.6 metres by 2.5

metres. 24.30.20 LOCATION OF BICYCLE PARKING SPACE .1 All bicycle parking spaces shall be located on the same lot as the use they are

intended to serve. .2 Each bicycle parking space shall be paved and maintained with a hard surface

consisting of paving brick or block, asphalt, concrete or any combination thereof and having thereon a corrosion resistant metal bicycle storage rack capable of accommodating a bicycle in a secure manner.

.3 Each bicycle parking space shall be located in a manner which will not hamper

the movement of persons or vehicles. The following provisions apply: .1 When located on a walkway or sidewalk, each bicycle parking space shall

be located a minimum of 2 metres from a building entrance or an accessible parking space;

.2 A bicycle parking space is prohibited within a daylight corner or a

required yard. .4 Required bicycle parking spaces provided inside a building or located so as not

to be visible from the major access area to the lot shall be identified by an Information and Operational Sign as set out in the City of Windsor Sign By-law.

24.40 LOADING SPACE PROVISIONS 24.40.1 REQUIRED LOADING SPACES .1 That part of a building that is designed and used for a parking area, parking

space, visitor parking space, accessible parking space, bicycle parking space or loading space shall not be included in the calculation of required loading spaces.

Documents

THE WALKER POWER BUILDING INC. Zoning By-law Amendment · THE WALKER POWER BUILDING INC. Planning Justification Report – Zoning By-law Amendment September 2018 – 18-8210 1 1.0