To:Corporate Services Committee

From:Commissioner of Corporate Services

Subject:Proposed Limiting Distance Agreement Adjacent to 2097-2107 Lake Shore Boulevard West, Newport Beach Development (Ward 2 - Lakeshore Queensway)

Purpose:

This report recommends that the City enter into a Limiting Distance Agreement with the owners of 2097-2107 Lake Shore Boulevard West.

Financial Implications:

Approval of the Agreement will facilitate the release of the building permit for a multi-million dollar residential development in the Humber Bay Shores area.

Recommendations:

It is recommended that:

(1)the City enter into a Limiting Distance Agreement with Newport Beach Development Inc., the owners of 2097-2107 Lake Shore Boulevard West, which will prohibit the City from constructing any buildings on the adjacent City-owned parkland abutting the development site unless they are set back from buildings to be erected on the Newport Beach site; and

(2)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

Newport Beach Development Inc. (Newport) is the owner of certain lands in the City of Toronto (formerly in the City of Etobicoke) designated as Parts 1 and 2 on Plan 66R-16757, located at 2097-2107 Lake Shore Boulevard West.

Newport and the City have entered into a Development and a Site Control Agreement in respect of the proposed construction of a residential development by Newport on the Newport lands, a portion of which development is to be constructed near the boundary line separating the Newport lands from the lands of the City described as Parts 1 to 4 on Plan 64R-14785.

Pursuant to a comprehensive by-law, the City lands are to be developed as parkland.

The Ontario Building Code regulates the size of "unprotected openings" such as windows and doors, in relation to their distance from the property line. This is to prevent fires spreading between buildings through windows and doors.

The City parkland adjacent to the Newport Beach development will remain open space. The Limiting Distance Agreement will provide that so long as any building, structure, or other improvement on the Newport lands remains in existence, the City will ensure that no development takes place on the City land unless such development is set back from the buildings, structures, or other improvements on the Newport lands as required by the then applicable provisions of the Ontario Building Code.

Comments:

The Parks and Recreation, Planning, and Building Divisions staff have been consulted. No objections to the proposed Limiting Distance Agreement have been received. In fact, it is the position of the Building Division that a Limiting Distance Agreement is required to satisfy Ontario Building Code requirements in order to release the building permit.

Conclusion:

Approval of the Limiting Distance Agreement is recommended.

Contact Name:

Francois (Frank) G. Bedard, Telephone: (416) 394-8096; Fax No.: (416) 394-8895;

E-mail: fbedard@pathcom.com. (cs99002.wpd)

Margaret Rodrigues

Commissioner of Corporate Services