TO:North York Community Council

FROM:Roberto Stopnicki

Director, Transportation Services

District 3

DATE:September 1, 1998

RE:Walkway - 170 The Donway West - Ward 11, Don Parkway

Zoning Amendment Application UDOZ-90-75

Don Parkway

Purpose:

An approved development at 170 The Donway West includes the formal closing of a municipal walkway at its present location with the relocation of the walkway to the westerly limit of the site. The purpose of this report is to respond to a request from the developer to alter the conditions of approval relating to the walkway, in particular, to discuss the merits of proceeding with the registration of the closing by-law for the walkway in advance of development of the site.

Funding Sources:

There are no municipal costs associated with this undertaking. All costs are to be borne by the developer.

Recommendations:

It is recommended that staff be authorized to register the relevant by-law enacted on April 21, 1993, for the closing of the walkway, dedicated as a Public Walkway by By-Law No.110593 and registered on title as Instrument No. NY 218175, subject to:

a) the applicant satisfying conditions i), ii), iii) and iv), as approved by North York Council on January 27, 1993( as outlined in the body of this report);

b) condition v) being referred to the Chief Financial Officer and Treasurer, to make the appropriate amendments and take the appropriate action;

c) the registration of the closing by-law occurring concurrently with the conveyance of the lands from Richwood Developments Limited and the Bank of Montreal to the City for the relocated walkway;

d) easements being provided over the Richwood Developments Limited site, and the Bank of Montreal site to allow rights of passage for pedestrians over the subject holdings, so that the existing pedestrian activities may continue until the relocated walkway is constructed;

e) the applicant provide to the City a Letter of Credit to cover the cost of engineering and construction of the relocated walkway in the amount estimated and/or contracted for the work to be completed; and,

f) the relocated walkway being constructed in accordance with the specifications of the the Department of Works and Emergency Services.

Council Reference:

On January 27, 1993, Richwood Developments Limited received approval from the City of North York of an Official Plan amendment and rezoning application (OZ-90-75) for a four storey apartment building. The applicant's holdings comprise of two parcels of land separated by a six metre wide strip of City-owned land which was set aside and dedicated as a public walkway. An existing office building, known as the Donway Building, is located on the east portion of the applicant's site at No. 170 The Donway West and situated to the east of the walkway.

Discussion:

In 1991 and again in 1992, the North York Technical Advisory Committee (TAC) considered the need for the subject walkway as well as a request for an encroachment on the municipal property in relation to the specific development proposal.

It was recognized that while the walkway (Lawrence Avenue to the Donway West) can be legally identified on a plan of survey, it could not be physically identified on the ground. Nevertheless, the TAC determined that there was, and continues to be demonstrated need for a pedestrian facility connecting Lawrence Avenue East to the Donway West in this vicinity.

The specific location of the walkway, presently owned by the City, is situated within what has been developed as parking areas and pedestrian facilities associated with the Donway Building, as well as the Bank of Montreal at No. 877 Lawrence Avenue East. Pedestrians are not confined to the limits of the City-owned property and they have been observed to take a variety of routes over the parking lots and surrounding open areas.

As part of the planning process, the applicant submitted a site plan, which proposed the legal closing of the walkway at its existing location and relocating it to the west. The proposed location of the relocated walkway abuts the westerly limit of the site and connects with Lawrence Avenue through a new location across the Bank of Montreal property to the north and would form the continuation of an existing walkway system continuing to the west, at the south limit of the subject property.

The TAC accepted the new location and indicated that it would recommend to Council, the legal closure of the existing walkway, subject to the zoning amendment application and Official Plan application receiving approval.

On January 27, 1993 Council adopted the report of the Technical Advisory Committee which recommended the closing of the walkway subject, in part, to:

ithe applicant assuming responsibility for all costs associated with the closure of the existing walkway;

iithe applicant assuming responsibility for securing the property acquisition to the City for the relocated walkway from the Bank of Montreal and all costs associated therewith;

iiithe applicant assuming responsibility for ensuring that easements are provided for City services and the utility companies if required, or payment of all costs for the relocation of services;

ivthe closure of the existing walkway not be completed until such time as the City has been provided with letters of credit or other securities satisfactory to the Commissioner of Transportation and the City Solicitor for all costs associated with the above condition i) and iii), together with a deed in fee simple free and clear of all encumbrances, except utilities, to the City for those lands on which the relocation walkway is to be constructed; and,

vthe Commissioner of Property and Economic Development be directed to negotiate terms of an agreement with the applicant for the proposed exchange of lands and to submit a report to the Development and Economic Growth Committee on the proposed land exchange.

Subsequent Activity:

As noted from the foregoing, there has been considerable deliberation surrounding the closure of the walkway to accommodate redevelopment of the subject site. Mr. Jack Winberg, Richwood Developments Limited, has outlined in a letter of October 10, 1995, his request to proceed with the registration of the closing by-law, but delay construction of the replacement walkway until the site is redeveloped. His letter advised of some of the circumstances which are the basis for his request and these have been considered by the TAC.

By virtue of the Council's previous approval which includes conditions for the legal closure of the existing walkway, the establishment of a new (relocated) walkway, and the protection of existing underground municipal services, the City is prepared to support the appropriate redevelopment of the site even although the approved development is not proceeding.

In this case, the closing of this walkway is unique from other closures associated with development, as this 'walkway' does not physically exist in the location of City ownership. This act of closure may be considered a formality. In his letter, Mr. Winberg has indicated that sufficient legal safeguards can be put in place to allow rights of passage for pedestrians over his holdings, so that the existing pedestrian activities may continue until development takes place. However, that position could not have been deemed acceptable, when the actual provision for a walkway across the Bank of Montreal property was unknown and unconfirmed.

On January 14, 1997, the Bank of Montreal, entered into a Site Plan Agreement with the City, which was registered as Instrument No. TR002970 on April 29, 1997. Condition 12 of Schedule "C" of the Site Plan Agreement requires the 'Bank' to ensure that a three(3) metre wide public walkway can be achieved along the entire western portion of the site. With the location for a walkway now confirmed and protected, the actual transfer of lands with the City can be completed.

Conclusions:

After further deliberation, staff is satisfied that the registration of the closing by-law does not impede the objectives of the site and redevelopment goals of the area, and further, that if the necessary legal and binding commitments are undertaken by the applicant, the rights of passage for the community will be protected, and then there may be a benefit to both the City and the applicant to proceed with the registration.

Should Council adopt this procedure, then the construction of the walkway in its new location should take place as soon as possible, even if such construction is prior to the construction of the development.

Contact Name:

Colin Couper, Transportation Services

Works and Emergency Services, District 3 .

Telephone 395- 7470, Fax 395-7482, E-mail cwcouper@city.north-york.on.ca.

Roberto Stopnicki

Director, Transportation Services

District 3

attached

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