Developer swaps contentious condo plan for townhomes in historic Windsor neighbourhood

“I’m feeling fantastic. Probably the best part about it is no neighbours coming in for opposition. For a place like Devonshire Court, it’s virtually impossible,” said Marko Agbaba, owner of vacant land at the corner of Kildare Road and Devonshire Court, told reporters outside council chambers on Monday.

“To build something that makes the neighbours that happy is something pretty awesome.”

Windsor’s development and heritage standing committee backed Agbaba’s new proposal for a two-storey townhouse building with a total of 24 units, lower in profile than the four-story condo building that the committee previously approved and could have gone up on the same lot.

No residents appeared as delegates on the rezoning request, nor did any submit written submissions for the committee’s consideration. When the previous condo proposal was on the table, council heard from 13 residents during a discussion that lasted hours.

Agbaba, owner and president of Agbaba Holdings Corp., estimated the project’s value at around $12 or $13 million. He said his team will break ground on the project as soon as they receive the building permit from the city, which he expects will happen in three or four months.

“I’m happy it’s moving forward. I’m happy that Mr. Agbaba listened to residents,” said Ward 4 Coun. Mark McKenzie, who represents the neighbourhood.

McKenzie said he attended a developer-run open house about the project over the summer. There, residents acknowledged that the townhouse proposal was better suited to the neighbourhood than the higher-profile condo plan, he said.

“Once they all saw the drawings, they said, ‘You know what? This is much better. It fits the neighbourhood a lot better as well.'”

In March 2022, the council of the day approved a proposal for a 23-unit condo building for the lot in the heritage neighbourhood despite pleas from 13 nearby residents who vehemently opposed the plans.

Residents told council they supported some form of development on the grassy lot formerly occupied by St. George Anglican Church, but they argued that the condo proposal didn’t suit the area.

City council approved the heritage church’s demolition in 2016 with the understanding that three upscale homes would be built in its place, homes that respected neighbourhood character — another sticking point for area residents.

One area resident appealed city council’s decision to approve the condo development to the Ontario Land Tribunal, arguing that it went against the City of Windsor’s official plan.

In December 2023, the Ontario Land Tribunal dismissed that appeal. It concluded that the city and its planning staff “followed the correct process and procedures” in processing the development application, and that the proposal was indeed consistent with the city’s official plan.

After that, Agbaba could have proceeded with his condo plan. Instead, his company went back to the drawing board in search of a new design, one that neighbours supported.

“Walkerville is the most special place in all of Windsor, and it needs to be protected,” he said this week. “It doesn’t mean that we can’t build in Walkerville. We can, but we have to do it in the right way.

“There is a place and a time for four-storey buildings. This is not the spot.”

Ward 10 Coun. Jim Morrison, chair of the development committee, agreed that the plan for townhomes was better for the site than condos.

“People don’t want a high-rise in the area, and with no delegates here tonight, that does speak highly,” he said.

“After all of the iterations of what might have gone in here, this looks like a really good solution.”

Morrison called Agbaba’s willingness to listen to residents and modify his plans “heartwarming.”

“Too often, we get no collaboration at all. I’m not knocking all developers. Certainly, there are some that really work hard at it.

“I think developers would be wise to really talk to the neighbourhoods, do as much work as you can for public consultation in the neighbourhood — otherwise, we’re dealing with Land Tribunal (appeal) issues.”