7/24/2019 Exemption From Site Plan Approval - 2 Marine Parade Dr. & 2183 Lake Shore Blvd W & Humber Bay Park East

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Date:

To:From:

Subject:

RECOMM

That City

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7/24/2019 Exemption From Site Plan Approval - 2 Marine Parade Dr. & 2183 Lake Shore Blvd W & Humber Bay Park East

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1972. TRCA has confirmed during previous consultations that the site is not within TRCAs

planning area of interest, and that there are no natural hazards or natural heritage systeminvolved. The lands are presently vacant and not yet developed as a pub lic park.

5. Following its temporary use as a sales centre, Empire has indicated its commitment to the City

through its planning approvals for its proposed condominium to design and bu ild a new public

park on the property wo rking cooperatively with the City.

6. Empire initiated discussions in the Spring of 2012 with respect to a Park Lease Agreement with

the City and TRCA.

7. During the Building Permit review process in the Fall 2012, among other matters, a requirement

for Site Plan Approval was identified. By-law No. 774-2012 was enacted by City Cou ncil on June

8, 2012 and had the effect of amending Chapter 415 of the Citys Municipal Code by adding new

provisions for Site Plan Control (the SPA B y-law). The SPA By-law exempts certain new

buildings from SPA approval including:

A building used as a temporary sales pavilion, model home or construction officeassociated with a building that will be constructed on the same property;

A building used as a temporary sales pavilion, model home or construction office

associated with a building that will not be constructed on the same property, if thebuilding used as a temporary sales pavilion, model ho me or construction office is less

than 500 squa re metres in gross floor area.

8. The SPA By-law also states that terms used in Article V of Chapter 415 have the same m eaning

as corresponding terms used in the applicable zoning by-law in effect for the property. As noted,the zoning by-law, as varied in December 201 1, for the subject property in Humber Bay Park

East, allows for the propertys use as a temporary sales centre specifically for Empires proposedcondominium development on its adjacent lands at 2183 Lake Shore Boulevard.

9. A Building Permit for Empires temporary sales centre is ready for issuance pending approval or

clarification of the SPA. A conditional permit will be granted to allow Empire to beginconstruction with an opening scheduled in March 2013 and such that the City Park Lease

payments and o ther lease obligations can start.

10. It is clear that if the temporary sales centre was on the same property (lot) as Empires proposed

condominium and/or it was less than 500m2 in size, no SPA would be required.

11 . Empires temporary sales centre is, however, clearly permitted through the zoning by-law in

effect for the property (Humber Bay Park East) and effectively secured and tied to the proposedcondominium development on Empires lands through a satisfactory Park Lease between

Empire, the City and TRCA for a 3 year period.

12. As the zoning is in place for Empires temporary sales centre and a Park Lease Agreem ent

pursuant to City Councils adopted Motion in May 2011 and a Building Permit for construction ofthe proposed sales centre is needed, it has becom e urgently apparent that City Council

7/24/2019 Exemption From Site Plan Approval - 2 Marine Parade Dr. & 2183 Lake Shore Blvd W & Humber Bay Park East

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clarification a nd au thorization is needed to clarify this unusual c ircumstance and to meet

Empires construction timing.

Sincerely,

Mark GrimesCouncillor Ward 6, Etobicoke Lakeshore

T: 416.397.9273

F:416.397.9279

E:councillor_grimes@toronto.ca www.markgrimes.ca

http://www.markgrimes.ca/