report to the city of windsor planning advisory committee ......report to the city of windsor...

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Report to the City of Windsor Planning Advisory Committee November 12, 2008 Re: Sandwich Community Improvement Plan, Sandwich Heritage Conservation District Plan, Official Plan and Zoning Bylaw Implementation RECOMMENDATIONS : 1 That the Olde Sandwich Towne Community Improvement Plan Background Report dated April 2008 BE RECEIVED; 2 That The Sandwich Heritage Conservation District Conservation Plan Final Draft Report dated July 2008 BE RECEIVED; 3 That the DRAFT Olde Sandwich Towne Community Improvement Plan dated November 2008 BE ADOPTED by By-law for the Olde Sandwich Towne Community Planning Study area, illustrated in Appendix ‘A’ attached hereto. The Olde Sandwich Towne Community Improvement Plan is the study of land use policy undertaken as a result of Interim Control By-law 19-2007 as amended by By-law 35-2008; 4 That the Olde Sandwich Towne Community Improvement Plan Target Areas Planning Issues Report dated October 2008 BE ENDORSED; 5 That the DRAFT Supplemental Development and Urban Design Guidelines dated October 2008 BE ADOPTED BY BY-LAW; 6 That the City of Windsor Official Plan BE AMENDED as shown in Appendix ‘B’ to implement the recommendations contained in The Sandwich Heritage Conservation District Conservation Plan Final Draft Report dated July 2008; 7 That Zoning By-law 8600 BE AMENDED as shown in Appendix ‘C’ to implement the recommendations contained in The Sandwich Heritage Conservation District Conservation Plan Final Draft Report dated July 2008; 8 That the City of Windsor Official Plan BE AMENDED as shown in Appendix “D” to implement the recommendations contained in DRAFT Olde Sandwich Towne Community Improvement Plan dated November 2008; 9 That Zoning By-law 8600 BE AMENDED as shown in Appendix ‘E’ to implement the recommendations contained in DRAFT Olde Sandwich Towne Community Improvement Plan dated November 2008; 10 That the Sandwich Community Improvement Plan Project Area By-Law No. 9724 and the March 1989 Community Improvement Plan Adopted by By-Law No. 9725 BE REPEALED.

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Page 1: Report to the City of Windsor Planning Advisory Committee ......Report to the City of Windsor Planning Advisory Committee November 12, 2008 Re: Sandwich Community Improvement Plan,

Report to the City of Windsor Planning Advisory Committee November 12, 2008 Re: Sandwich Community Improvement Plan, Sandwich Heritage

Conservation District Plan, Official Plan and Zoning Bylaw Implementation

RECOMMENDATIONS: 1 That the Olde Sandwich Towne Community Improvement Plan Background

Report dated April 2008 BE RECEIVED; 2 That The Sandwich Heritage Conservation District Conservation Plan Final Draft

Report dated July 2008 BE RECEIVED; 3 That the DRAFT Olde Sandwich Towne Community Improvement Plan dated

November 2008 BE ADOPTED by By-law for the Olde Sandwich Towne Community Planning Study area, illustrated in Appendix ‘A’ attached hereto. The Olde Sandwich Towne Community Improvement Plan is the study of land use policy undertaken as a result of Interim Control By-law 19-2007 as amended by By-law 35-2008;

4 That the Olde Sandwich Towne Community Improvement Plan Target Areas

Planning Issues Report dated October 2008 BE ENDORSED; 5 That the DRAFT Supplemental Development and Urban Design Guidelines dated

October 2008 BE ADOPTED BY BY-LAW; 6 That the City of Windsor Official Plan BE AMENDED as shown in Appendix ‘B’ to

implement the recommendations contained in The Sandwich Heritage Conservation District Conservation Plan Final Draft Report dated July 2008;

7 That Zoning By-law 8600 BE AMENDED as shown in Appendix ‘C’ to implement

the recommendations contained in The Sandwich Heritage Conservation District Conservation Plan Final Draft Report dated July 2008;

8 That the City of Windsor Official Plan BE AMENDED as shown in Appendix “D”

to implement the recommendations contained in DRAFT Olde Sandwich Towne Community Improvement Plan dated November 2008;

9 That Zoning By-law 8600 BE AMENDED as shown in Appendix ‘E’ to implement

the recommendations contained in DRAFT Olde Sandwich Towne Community Improvement Plan dated November 2008;

10 That the Sandwich Community Improvement Plan Project Area By-Law No. 9724

and the March 1989 Community Improvement Plan Adopted by By-Law No. 9725 BE REPEALED.

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AIM: To advise PAC and Council of the completion of The Sandwich Heritage Conservation District Conservation Plan Final Draft Report, Draft Olde Sandwich Towne Community Improvement Plan and component studies, and to recommend draft amendments to Zoning By-law 8600 and Official Plan to implement the findings of these studies. BACKGROUND: The origins of the Sandwich Heritage Conservation District Plan and the Olde Sandwich Towne Community Improvement Plan can be found in the Community Planning Study (CPS) for Olde Sandwich Towne. The CPS was initiated in response to the general decline in the fabric of the Sandwich neighbourhood over many years. City of Windsor Council adopted the CPS in October of 2006 as the City’s guide to future planning, capital budgeting and community improvement efforts in Olde Sandwich Towne. The CPS contains the following Vision: “Olde Sandwich Towne is a vibrant waterfront community” and a series of strategies, actions and recommendations have been designed to achieve this Vision. Two important recommendations of the CPS were that a Community Improvement Plan and a Heritage Conservation District Plan be prepared for this area. Purpose of the Plans The Community Improvement Plan (CIP) and the Heritage Conservation District Study Conservation Plan (Study) have somewhat differing, yet complementary purposes. The purpose of the CIP is to provide a framework to guide public sector investment and stimulate private sector investment in the Olde Sandwich Towne Community Improvement Project Area. As noted in the Study Terms of Reference, the purpose of the CIP is to:

a. Identify the need for community improvement in Olde Sandwich Towne; b. Identify municipal strategies and actions designed to lead and stimulate private

sector investment and redevelopment; c. Develop policies and incentive programs to promote private sector investment in

the revitalization and redevelopment of land and buildings; d. Develop recommendations to address key planning issues in each of the three

Target Areas within the Olde Sandwich Towne Community Improvement Project Area;

e. Prepare Development and Urban Design Guidelines to supplement the Heritage Conservation District Urban Design Guidelines; and,

f. Prepare an Action Plan for the implementation of the CIP. The purpose of the Sandwich Heritage Conservation District Conservation Plan is to establish a framework by which the heritage attributes of the Sandwich area can be protected, managed and enhanced as the community evolves and changes over time. It

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will provide residents and property owners with clear guidance regarding appropriate conservation, restoration and alteration activities and assist municipal staff in reviewing and council in making decisions on permit and development applications within the district. The Conservation Plan suggests a proposed HCD boundary that includes two relatively distinct areas – the historic commercial/institutional core of Sandwich (which incorporates the key properties and functions that represent the historic independent community of Sandwich) and the majority of the 1920’s subdivision in the Rosedale/Alexander area. Recommendations from these two studies are now proposed to be implemented through amendments to the Official Plan and Zoning By-law 8600. Implementation Philosophy The general philosophy for implementing the studies is to incorporate planning objectives and design guidelines into the Official Plan to provide criteria for rezoning, site plan approval and heritage permits. More specific recommendations from the Study and CIP are to be implemented through amendments to the Zoning By-law. The CIP recommends that a Master Plan be undertaken for the waterfront area. The Master Plan will provide more detailed planning work to be undertaken before specific Official Plan designations and Zoning can be determined. Consequently there are no recommendations for Official Plan or Zoning changes to the CIP waterfront area. Redevelopment An important issue common to both studies was the potential for the alteration and demolition of buildings and structures, and the means by which the City might control these in a manner consistent with the recommendations of the HCD Study and CIP. The Ontario Heritage Act prohibits the demolition of buildings in a Heritage Conservation District, and requires that a permit be issued. The Heritage Conservation Study in part recommends that an application for a permit has to be filed with Council. It is proposed that the City of Windsor Official Plan will contain a list of the documentation required to accompany an application for demolition; the documentation will assist City Council in evaluating the proposed demolition. The proposed Official Plan policies will require that a re-development plan be provided as part of any application for demolition; the re-development plan will be required in the form of a site plan application, and there will be a requirement that the demolition permit will not be issued until the site plan application with appropriate security to carry out the redevelopment is approved. By implementing these measures, it is anticipated that demolition will only occur when re-construction is proposed. For areas that are in the CIP area but not within the Heritage Conservation District, different provisions are needed to control demolition. Within residential areas, the existing demolition control by-law will continue to apply, and within non-residential areas a new process will need to be implemented. It is recommended that the Official Plan require that a re-development plan be provided for a replacement use for any property

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that is proposed for demolition. Each application for demolition will require site plan approval including an appropriate security to ensure that the proposed redevelopment occurs. Heritage Conservation District Study The Sandwich Heritage Conservation District Plan Final Draft Report (HCDP) recommends the designation of a Heritage Conservation District pursuant to the Ontario Heritage Act. The HCDP contains a recommended approach and policies to deal with the treatment of additions and alterations to existing buildings and structures, guidelines for new buildings and structures, and demolition policies. The HCDP recommends a procedure for granting heritage permits, provides architectural guidelines for all buildings and structures in the district, streetscape guidelines for public and private property and guidelines for the conservation of heritage buildings and structures. In order to ensure that the policies and guidelines of the HCDP are addressed by any development application, they have been translated into Official Plan policies. (See Appendix ‘B’) The following summarizes this proposed Official Plan amendment:

• Official Plan Schedule A: Planning Districts and Policy Areas – add the Heritage Conservation District area;

• Official Plan Schedule G: Civic Image – modify the Heritage Area to match the designated Heritage Conservation District boundaries;

• Section 9.3.7 – Heritage Resources and Planning Initiatives to require a heritage impact analysis for development that affects a designated building – including criteria to establish the need;

• Section 10.2.1.10 - Add complete application requirements for heritage permits. • Add a new special policy area as Section 1.26 for Sandwich in Volume II –

Special Policy Areas, and provide the plan’s vision and objectives; • Add a reference to using the Heritage Conservation District guidelines for

changes to heritage buildings; • Add documentation required for demolition in the Heritage Conservation District

in the new Special Policy Area 1.26. Only permit demolition when plans for a replacement building are approved at the same time; and

• Add guidelines for changes to heritage buildings in the Heritage Conservation District in section 1.26 including policies on trees, views, vistas, fences, trees, hedges, streets, alleys and parking.

The following changes are recommended for the Zoning By-law (See Appendix ‘C’):

• Add a new overlay zoning for heritage residential areas that provides regulations

that maintain current conditions (for frontage, lot area, coverage and yard widths);

• Add a new overlay zoning for heritage commercial areas that provides regulations that restrict height and front yard setbacks, that prohibits parking in the front yard, and requires rooftop mechanical equipment to be setback out of view from the street; and

• Add a new specific zoning provision for heritage commercial areas that lists permitted uses, and which does not include parking lots as a permitted use.

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Community Improvement Plan The City of Windsor initiated the community improvement plan work for Sandwich by passing by-law 109-2007 on June 11, 2007, which designated the Olde Sandwich Towne Community Improvement Project Area. The Olde Sandwich Towne Community Improvement Plan(CIP) is the study of land use policy undertaken as a result of Interim Control By-law 19-2007 as amended by By-law 35-2008. The Target Areas Planning Issues Report and Supplemental Urban Design Guidelines and Streetscape Design Standards are also before PAC and Council. The Target Areas Planning Issues Report, which is a component study of the Community Improvement Plan, divides the Sandwich area into three target areas, and contains a number of recommendations. The three target areas are the Commercial Core along Sandwich Street, the Waterfront, and the Residential areas (the remainder of the Olde Sandwich Towne Project Area). Each of the recommendations in the Target Areas Planning Issues Report and the resulting CIP was considered to determine whether Official Plan and Zoning By-law changes should be initiated to implement the recommendations. Of the recommendations, a number can be implemented through changes to the Official Plan and Zoning By-law. (See Appendix ‘D’) The following summarizes the key elements of the recommended Official Plan amendment:

• require a Waterfront Master Plan for Olde Sandwich Towne; • permit increased height and density policies in Olde Sandwich Towne

Community Improvement Project Area; • add a new special policy area 1.27 to contain policy instrumental in the

implementation of the CIP in the special policy section on the Olde Sandwich Towne Community Improvement Project Area

• require development applications to conform to the development concept in the CIP Plan, and to the Target Areas recommendations;

• require development applications to conform to the Urban Design Guidelines of the CIP Plan;

• restrict interim uses, such as parking lots and storage sheds in the CIP area; • require site plan approval for all development applications; and, • require securities to ensure that replacement buildings are built for all proposed

demolitions.

The CIP and the Urban Design Guidelines contain specific recommendations for the residential, commercial and industrial areas that are recommended for incorporation into the Zoning By-law. No changes were recommended to the zoning by-law for the industrial properties. The commercial part of the CIP coincides with the commercial portion of the Heritage Conservation District, and all recommended CIP zoning changes are the same as or similar to those in the HCDP (See Appendix ‘C’). The CIP residential area is larger than the Heritage Conservation District, and the following zoning changes are recommended to be implemented by a specific zoning provision for the residential areas outside the Heritage Conservation District (See Appendix ‘E’):

• height limit of 2 storeys; • required front yard setback to be based on the setbacks of the buildings on either

side; and,

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• prohibited parking in the front yard. Waterfront The CIP recommends that a Master Plan be undertaken for the waterfront area. The Master Plan will provide more detailed planning work to be undertaken before specific Official Plan designations and Zoning can be determined. Consequently there are no recommendations for Official Plan or Zoning changes to the CIP waterfront area as part of the amendments contained in this report.

CONCLUSIONS AND NEXT STEPS: Approval of the recommendations proposed in this report will allow PAC and Council to consider the changes proposed to the Official Plan and Zoning By-law to implement the Sandwich Heritage Conservation District Conservation Plan and the Olde Sandwich Towne Community Improvement Plan. Changes to the City of Windsor Official Plan and Zoning By-law are proposed to occur prior to the expiry of the Interim Control By-law 19-2007 (as amended by By-law 35-2008). The Interim Control By-law is set to expire January 28, 2009. Thom Hunt, MCIP, RPP City Planner

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Appendix ‘A’

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Appendix ‘B’ Official Plan Amendment Related to

The Sandwich Heritage Conservation District Conservation Plan

Add a new policy (h) to section 9.3.7 as follows:

“requiring the preparation of a built heritage impact study for all development that abuts a designated heritage building or structure.”

Add a new section 10.2.1.10

“SUPPORT INFORMATION AND MATERIALS FOR HERITAGE PERMITS FOR NEW DEVELOPMENT At the time of application for a heritage permit in the Sandwich Heritage Conservation District, Council may require an applicant to submit any of the following information: (a) The proposed use of the property and its conformity with the

Sandwich Heritage Conservation District Plan; (b) Site plan; (c) Tree survey; (d) The importance of the heritage attributes of the property; ; (e) The reason for the demolition, e.g. redundancy, alternate use; (f) A report on the condition of the building, and the cost of repairing

and retaining it, including safety issues if the building is vacant or has undergone damage;

(g) The feasibility of alternatives to demolition, including adaptive re-use;

(h) The merits of alternative proposals for the site; (i) The adequacy of efforts to continue to use the building – have real

efforts been made without success to continue the present use or to find compatible alternative uses for the building;

(j) Deed and/or Offer to Purchase; and (k) Topographic Plan of Survey.”

Add a new section (b) to section 11.7.2.5 “The design guidelines in the Sandwich Heritage Conservation District Plan dated July 2008, which were adopted by Windsor City Council by By-law ”

1.26 Sandwich Heritage Conservation District

SANDWICH HERITAGE CONSERVATION DISTRICT

1.26.1 The Sandwich Heritage Conservation District is designated on Schedule A: Planning Districts and Policy Areas.

VISION 1.26.2 The Sandwich Heritage Conservation District Plan was adopted by Windsor Council by By-law , and is intended to help preserve, protect and enhance the heritage attributes of Sandwich to provide a touchstone to the past, offer stability for

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the present and create opportunities for the future.

STATEMENT OF SIGNIFICANCE

1.26.3 The Sandwich Heritage Conservation District is designated as a Heritage Conservation District because it contains historical, architectural and contextual attributes that give the area a special sense of place that is worthy of recognition and preservation. The Sandwich Heritage Conservation District Plan dated July 2008 details the historical, architectural and contextual attributes.

HISTORICAL ATTRIBUTES

1.26.4 The boundaries of the Sandwich Heritage Conservation District contain one of the oldest settlement locations in Ontario, with a cultural and architectural history that dates back to the 1700s. This diverse history links to First Nations, Black, French and British settlement and historical events. Within its boundaries are two distinct but related areas that reflect key eras of development – the Town Centre, where Sandwich was initially founded to house key commercial, governmental and institutional roles, and the Rosedale Avenue area with its focus on residential architecture from 1920 to 1930.

CHARACTER DEFINING ELEMENTS - ARCHITECTURAL

1.26.5 Architecturally, the Sandwich Heritage Conservation District contains a wide array of architectural styles and influences. Within the Town Centre area on Sandwich Street there are a number of notable institutional buildings including Mackenzie Hall, St. John’s Anglican Church, the Windsor Essex County Jail and the former Sandwich Town Hall and post office that represent such diverse styles as Tuscan Renaissance Revival, Norman, Gothic and Classical Revival. Also within the Town Centre is Sandwich’s oldest building, the Duff-Baby Mansion, a Georgian structure clad in pine clapboard on a stone foundation and other former residences including the Wigle-Hanaka House and McGregor-Cowan House. These buildings, along with a number of original commercial buildings such as the Jules Robinet Winery Building, J. Spiers store and Dominion House Tavern still retain some of their original architectural features, and provide the area with its distinct heritage character. The residential section of the Sandwich Heritage Conservation District, in the Detroit, Alexander, Rosedale and Indian Road area is quite distinct architecturally from the Town Centre area as well as much of the rest of Sandwich. Many of the buildings exhibit Tudor influences in their roof forms, timber detailing, brick exteriors, and window and door style and placement. Despite some redevelopment and associated loss of original structures, the Town Centre and 1920s residential subdivision in the Rosedale/Alexander area provides a cross section of

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architectural styles and features associated with key development periods of Sandwich, with a number of buildings associated with key business and community leaders of the time.

CHARACTER DEFINING ELEMENTS - STREETSCAPE

1.26.6 One of the greatest assets contributing to the overall heritage character of Sandwich are the mature trees found on both public and private property. Often they provide an immeasurable benefit to the streetscape, providing continuity and rhythm. Not only are their large canopies important visually, but also for the role they have played historically and continue to do so today in mitigating air quality in the district. The location of Sandwich was largely decided by the Detroit River and to a certain extent its economic development was aided by its shoreline location. Views to the Detroit River, from within the boundaries of the District are also important heritage attributes of Sandwich’s streetscape. They provide a tangible link to natural features that played a role in the historical development of Sandwich and continue to affect its present day persona.

LONG TERM CONSERVATION & PROTECTION STRATEGY

1.26.7 The policies in this plan serve to manage development in the Sandwich Heritage Conservation District for the preservation of the existing buildings, structures and streetscape as defined in sections 1.26.4, 1.26.5 and 1.26.6.

BUILDING RENOVATIONS AND NEW CONSTRUCTION

1.26.8 The intent of the Sandwich Heritage Conservation District is to preserve the buildings and streetscape. Owners of property will require a heritage permit for the following changes to their property:

• A new building or structure • An addition to an existing building or structure • Major alterations visible from the street or other

public spaces • Conversions with exterior alterations visible from the

street or other public spaces • Building or structure demolition, or demolition of a

portion of the building or structure visible from the street or other public spaces

• Porch/verandah replacement, removal or addition • Window or door removal without replacement • Additions of a window or door in a new or altered

opening • Shutter removal • Addition or removal of front and side fencing • Decorative trim and bracket removal or replacement • Removal of chimneys, if a significant visual feature • Removal or installation of cladding and siding

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• Painting of previously unpainted brick or stone • Re-roofing with different materials • Window replacement where window is a significant

feature from the street • Removal of brick or stone piers if original • Wall mounted signage • Removal of trees with a minimum trunk diameter of 10

centimetres All applications for heritage permits will be required to conform to the design guidelines in the Sandwich Heritage Conservation District Plan.

DEMOLITIONS 1.26.9 Retention of buildings and structures is encouraged, and demolition of buildings and structures will only be permitted in cases were they will be replaced with buildings and structures that conform to the Heritage Conservation District Plan.All requirements of the Plan will have to be met for issuance of a heritage permit for a new building or structure. Where demolition of a building or structure is proposed, the property owner shall provide supporting documentation prepared by qualified professionals, demonstrating appropriate reasons for the demolition. The City may require funding from the applicant for a peer review of the documents. The documentation required by the City may include:

• The proposed use of the property and its conformity with the Sandwich Heritage Conservation District Plan;

• the importance of the heritage attributes of the property;

• the reason for the demolition, e.g. redundancy, alternate use;

• the proposed redevelopment plan in the form of a site plan application;

• a report on the condition of the building or structure, and the cost of repairing and retaining it, including safety issues if the building or structure is vacant or has undergone damage, and a demonstration of the efforts by the owner to maintain the building;

• the appropriate security to ensure that a proposed building or structure is erected;

• the feasibility of alternatives to demolition, including adaptive re-use;

• the merits of alternative proposals for the site; • the adequacy of efforts to continue to use the building

or structure – have real efforts been made without success to continue the present use or to find compatible alternative uses for the building;

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• tree protection measures.

DEVELOPMENT APPLICATIONS

1.26.10 All development applications, building permit applications and demolition permit applications will be circulated to the City Planner for review to ensure conformity with the guidelines set out in this plan.

COMMITTEE OF ADJUSTMENT

1.26.11 The Committee of Adjustment shall ensure that applications for infill development maintain the guidelines as set out in the Heritage Conservation District Plan.

TREES 1.26.12 Existing street trees shall be maintained and protected, to the extent that is technically feasible, from damage due to site development, redevelopment, paving modifications, and street and infrastructure works. In order to maintain the tree canopy that helps to define the spatial volume of the block, any trees lost will be replaced with trees of a minimum trunk diameter of 10 centimetres. The City Forester will determine the species of tree that will maintain canopy cover.

VIEWS AND VISTAS

1.26.13 Existing views to the Detroit River from Russell Street shall be maintained wherever possible and additional views will be created wherever possible. In particular, the view of the river from the Duff-Baby house shall remain unobstructed, and a view corridor that consists of a setback of approximately 20 metres along Mill Street, west of Russell Street shall be specified in the Zoning By-law.

FENCES, TREES AND HEDGES

1.26.14 Fences, trees and hedges form an important part of the character of each property, and should be reflective of the heritage character of the building or structure. Existing fences, trees and hedges should be maintained, and new ones should reflect heritage designs, materials and species over more modern styles, materials and species.

STREETS AND ALLEYS

1.26.15 The overall location and proportions of streets, alleys, medians, boulevards and sidewalks in the district will be maintained. All boulevards will be maintained as green space. Notwithstanding section 7.2.6.3 of this Plan, Mill Street, throughout the Heritage Conservation District, will remain at its existing pavement width and right-of-way width. Notwithstanding section 7.2.6.4 of this Plan, Sandwich Street, throughout the Heritage Conservation District, will remain at its existing pavement width and right-of-way width. In general, road widenings will not be taken within the Heritage Conservation District and will be reviewed on a case-by-case basis by the City Planner.

GARAGES AND ADDITIONS

1.26.16 In residential areas, garage doors in new buildings, or any additions to existing buildings must be located behind the front façade of the building.

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PARKING 1.26.17 No front yard parking as defined in the City’s zoning by-law

shall be permitted. In the case of infill development, parking will be located in the side or rear yard.

INFRASTRUCTURE 1.26.18 All infrastructure and maintenance projects undertaken in the Sandwich Heritage Conservation Districts shall be bound by the Policies set forth in this section. Proposals will be circulated to the City Planner for review to ensure conformity with the guidelines of the Sandwich Heritage Conservation District.

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Appendix ‘C’ Zoning By-law Amendment Related to

The Sandwich Heritage Conservation District Conservation Plan

Add new Section 20 (3) – Heritage Conservation Districts Certain parcels of land on the zoning district maps (ZDM) are delineated by a broken green line and identified by a zoning district symbol and a paragraph(s) of this subsection. Any parcel so identified shall be considered as being within the zoning district symbol and shall be subject to the provisions of that zoning district, the identified paragraph(s) of this subsection and any other applicable provisions of this by-law. In the event of a conflict between the provisions of this Section and the provisions of the zoning district, the provisions of this Section shall apply. Where an additional main use is permitted under this subsection, any use accessory thereto, not including an outdoor storage yard except where permitted within the zoning district, shall also be permitted subject to the provisions of the zoning district and any other provisions of this by-law applicable to such accessory use.

1.) Sandwich Heritage Conservation District Residential Overlay Zone

For the lands Identified on the Zoning District Maps by a green broken line and labeled S20(3)1, the following provisions shall apply:

“Notwithstanding the regulations in the zoning district, the following regulations will apply in the zoning districts with the Heritage Residential Overlay: Regulations

(i) The minimum lot frontage, minimum lot area, maximum lot coverage,

maximum number of dwelling units, minimum rear yard and side yard widths shall be as existing on the date of approval of this by-law.

(ii) Maximum building height – 2 storeys

(iii) Maximum front yard depth – the maximum front yard for any building

erected between existing buildings in the same block shall conform to the average of the front yards established by the nearest building on each side.

(iv) No new structures or additions may be constructed between the main

wall of the existing building and the front lot line.

(v) No parking spaces are permitted in the front yard.”

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2.) Sandwich Heritage Conservation District Commercial Overlay Zone

For the lands Identified on the Zoning District Maps by a green broken line and labeled S20(3)1, the following provisions shall apply:

“Notwithstanding the regulations in the zoning district, the following regulations will apply in the zoning districts with the Sandwich Heritage Conservation District Commercial Overlay: (a) Uses

For the lands within the commercial portion of the Sandwich Heritage Conservation District, the following uses shall be permitted: (i) A retail store, not including a retail store for the sale of motor

vehicles or heavy machinery; wholesale store; bakery not exceeding 500 square metres in net floor area; confectionery not exceeding 500 square metres in net floor area; outdoor market within a Business Improvement Area;

(ii) A personal service shop; day nursery; funeral home; church; church

hall; tourist home. (iii) A business, financial, medical or veterinary office; professional

studio; commercial school; (iv) A restaurant; take-out food outlet; tavern; micro-brewery. (v) Place of entertainment and recreation; private hall; (vi) Dwelling units in a combined use building with any one (1) or more

of the foregoing uses, provided that all dwelling units, not including entrances thereto, are located entirely above the non-residential use(s);

(b) Regulations (i) building height – maximum 4 storeys and minimum 2 storeys

(ii) Maximum front yard setback on Sandwich Street – 0 metres

Maximum front yard setback on other streets – 2 metres

(iii) No parking spaces are permitted in the front yard

(iv) Minimum amenity area per dwelling unit

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Bachelor Unit - 7.5 square metres One-Bedroom Unit - 10 square metres

Two or more bedroom unit - 15 square metres

(v) Rooftop mechanical equipment will be setback from the roof edge a distance equal to the height above the roof, and will be screened from view from the street.”

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Appendix ‘D’ Official Plan Amendment Related to

The Sandwich Community Improvement Plan

(i.) Add a second sentence to section 6.10.3.5 as follows:

“Council will prepare a Waterfront Master Plan for the Olde Sandwich Towne Recreation Waterfront Lands.”

(ii.) Add a second sentence to section 11.6.4.1:

“Within the Olde Sandwich Towne Community Improvement Plan area, the transfer of development heights or densities to other areas of the property, or to other properties within the Sandwich Community Improvement Plan area is permitted to implement the intent of the Community Improvement Plan.”

(iii.) Add a new section (c) to section 11.7.2.5, and re-number subsequent sections

accordingly:

“Olde Sandwich Towne - Community Improvement Plan – Supplemental Development and Urban Design Guidelines dated September 2008, which were adopted by Windsor City Council as part of the Olde Sandwich Towne Community Improvement Plan by By-law _________”

(iv.) Add Section 1.27 (as shown in Appendix “A”) to Part I: Special Policy Areas to the City

of Windsor Official Plan: Volume II. 1.27 Olde Sandwich Towne Community Improvement Plan OLDE SANDWICH TOWNE COMMUNITY IMPROVEMENT AREA

1.27.1 The following section provides the direction for the development of the Olde Sandwich Towne Community Improvement Plan area. This Special Policy Area is based on the Olde Sandwich Towne Community Improvement Plan that was adopted by City Council by By-law _________”.

LANDS WITHIN THE POLICY AREA

1.27.2 The Olde Sandwich Towne Community Improvement Plan area comprises approximately 350 ha and is located in the northwest part of Windsor, as shown on Schedule A of this Plan.

OLDE SANDWICH TOWNE COMMUNITY IMPROVEMENT PLAN

1.27.3 The aim of the Olde Sandwich Towne Community Improvement Plan is to provide an implementation strategy and design guidelines to assist in the attainment of the vision that Windsor has for Olde Sandwich Towne. The design principles and guidelines contained within the Community Improvement Plan shall guide the design and re-development of Olde Sandwich Towne.

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COMMUNITY IMPROVEMENT PLAN

1.27.4 The Olde Sandwich Towne Community Improvement Plan area was defined under By-law 109-2007, which was passed by Council on June 11, 2007 to designate the CIP study area.

DEVELOPMENT CONCEPT

1.27.5 The Development Concept for Olde Sandwich Towne is based upon the Olde Sandwich Towne Community Improvement Plan, as adopted by By-law . The Plan area is comprised of three target areas, the Commercial Core, the Waterfront and the Residential Area.

TARGET AREA 1 – COMMERCIAL CORE

1.27.6 The vision for the Commercial Core Target Area is to improve the attractiveness of the commercial core to businesses and shoppers. This will be achieved by: • enhancing the main streets and creating an improved

pedestrian friendly environment • orienting building entrances to the main street to animate

the street • enhancing parking areas and encouraging businesses to

share parking • ensure that building façades have large ground floor

display windows • provide additional design emphasis for buildings located at

street intersections • for commercial uses on corner properties, requiring the

main door to be located at the corner, i.e. at the intersection of the two streets

• retaining the Old Fire Hall at 363 Mill Street and allowing for adaptive reuse of the building

• retaining the jail at Brock and Peter Streets and allowing the building to be used for community uses

TARGET AREA 2 - WATERFRONT

1.27.7 The vision for the Waterfront Target Area is to develop a more picturesque waterfront that is easily accessible by all residents. This will be achieved by: • extending the Riverwalk and Recreation Way as identified

in the Central Riverfront Implementation Plan • developing a Master Plan for the riverfront lands in Olde

Sandwich Towne • improving the area under the Ambassador bridge • working with owners of industrial sites along the riverfront

to improve their properties • encouraging industrial property owners to provide

landscaping along the street frontage, and to locate office uses in the front of the property and heavy industrial uses at the rear

• maintaining the view of the Detroit River from the Duff-Baby house

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TARGET AREA 3 – RESIDENTIAL AREA

1.27.8 The vision for the Residential portion of the Target Area is to foster stable residential neighbourhoods, to develop an open space strategy, and to preserve and enhance heritage and historic buildings. This will be achieved by: • demolition control • enforcement of property standards • rehabilitation of vacant houses, including exercising

powers provided in s. 28 of the Planning Act • prohibition of interim uses such as parking lots • extending the Riverwalk to connect to the residential

neighbourhood • improving Patterson Park to create a consistent edge

adjacent to the residential neighbourhood on Alexander Boulevard, and to provide a defined gateway at the corner of Sandwich and Detroit Streets

• improving Crawley Park to create a formal entrance to Olde Sandwich Towne

• orienting principal building entrances to face the public street

• locating garages in side or rear yards only • garage doors in new buildings or in additions must be

located behind the front façade of the building. The vision for the industrial lands in the southern part of the Target Area is to encourage re-development and clean-up of derelict sites. This will be achieved by: • encouraging industrial property owners to provide

landscaping along the street frontage, • locating office uses in new development to the front of the

property, and heavy industrial uses at the rear • siting buildings to ensure that adjacent uses are protected

from potential nuisances such as noise, odour and illumination

URBAN DESIGN GUIDELINES

1.27.9 All development in the Olde Sandwich Towne Community Improvement Plan Area will be consistent with the “Olde Sandwich Towne - Community Improvement Plan – Supplemental Development and Urban Design Guidelines” dated September 2008, which were adopted by Windsor City Council by By-law .

INTERIM USES 1.27.10 Interim uses such as parking lots and storage sheds are not permitted within the Olde Sandwich Towne Community Improvement Plan Area. Applications for development that consist of a parking lot or storage shed will not be approved in the Olde Sandwich Towne Community Improvement Plan Area, unless the application is accompanied by a re-development plan for an alternate use.

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DEMOLITION 1.27.11 Applications for demolition will not be considered in the Olde

Sandwich Towne Community Improvement Plan Area until a site plan application with appropriate security has been approved to ensure the proposed re-development is carried out.

BONUS POLICY 1.27.12 Within the Olde Sandwich Towne Community Improvement Plan area, the transfer of development heights or densities to other areas of the property, or to other properties within the Sandwich Community Improvement Plan area is permitted to implement the intent of the Community Improvement Plan.

EXERCISING AUTHORITY UNDER S. 28 OF THE PLANNING ACT

1.27.13 Within all Target Areas Council may utilize the powers provided by s. 28 of the Planning Act in order to achieve the objectives and vision of this Plan.

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Appendix ‘E’ Zoning By-law Amendment Related to

The Sandwich Community Improvement Plan

Section 20 (1) - add a specific zoning provision number 390 for the Sandwich Community Improvement Plan Target Area 3 – Residential Area (excluding the area for the new heritage overlay zone) that states:

389. For the lands within the Residential portion of Target Area 3 of the Olde Sandwich Towne Community Improvement Area, the following regulations shall apply:

i. Height limit of 2 storeys

ii. No parking permitted in the front yard iii. The minimum front yard for any building erected between existing buildings

in the same block shall conform to the average of the front yards established by the nearest building on each side.

iv. No new structures or additions may be constructed between the main wall of the existing building and the front lot line.

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