On or about November 7, 2018, the City issued an Order to Comply against our client for undertaking the construction of a truck storage facility prior to obtaining site plan approval, contrary to By-Law 1-2004. Since the commencement of these proceedings, we have been working with the City to achieve compliance, including submitting a fresh site plan application and completing the outstanding conditions imposed by the site plan approval of•cer in the initial application. It was agreed by the City that during this process, our client would be allowed to continue operations at the subj ect property until a •nal determination is made regarding the proposed use of the subject property.

As this matter has been ongoing well before City Council passed the ICBL on June 3, 2019, we believe that the use of the subj ect lands as a transport terminal and truck storage facility is not inconsistent with the spirit and intent of the ICBL, and that the subj ect lands ought to be exempt from the operation of the ICBL. As aforementioned, our client has been working with the City to obtain proper site plan approval for some time, and therefore, practically speaking, the proposed transport terminal is not new and should not be halted pending the City's planning study which necessitated the imposition of the ICBL.

Moreover, as stated in your Staff Report to Council dated May 16, 2019, one of the main purposes of the City's planning study is to ensure that a transport terminal is not detrimental to surrounding existing and potential land uses. The subject lands are located in a manufacturing district that is consistent with our client's proposed use of the subj ect lands, and therefore the risk that the proposed use is detrimental to surrounding areas is minimal. In any event, this is a determination that can properly be the subject of the site plan application that our client, is in the process of completing.

For the aforementioned reasons, we therefore request that the City grant an exemption from the operation of the ICBL to the subject lands, as the ICBL will disrupt the application process and be of great prejudice to our client's business.

Should you wish to discuss this matter further, please do not hesitate to contact the undersigned.