June 23, 1998

TO: Urban Environmental and Development Committee

FROM: General Manager, Transportation Services

SUBJECT: SUMMARY OF HISTORY AND STATUS OF THE ACQUISITION OF STEELES AVENUE

WARD: Councillors Elizabeth Brown and Bruce Sinclair, Ward 5 - Rexdale Thistletown

Councillors George Mammoliti and Judy Sgro, Ward 6 - North York Humber

Councillors Maria Augimeri and Peter LiPreti, Ward 7 - Black Creek

Councillors Michael Feldman and Howard Moscoe, Ward 8 - North York Spadina

Councillors John Filion and Norman Gardner, Ward 10 - North York Centre

Councillors Joan King and David Shiner, Ward 12 - Seneca Heights

Councillors Doug Mahood and Sherene Shaw, Ward 17 - Scarborough Agincourt

Councillors Bas Balkissoon and Raymond Cho, Ward 18 Scarborough Malvern

Purpose:

The purpose of this report is to respond to City Council’s request for a summary of previous staff reports on the historical relationship between the City of Toronto and the Region of York as it pertains to Steeles Avenue. A previous report on this matter was submitted to the Planning and Transportation Committee of the former Metro Council on March 5, 1997.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

It is recommended that this report be received for information.

Background:

City Council at its meeting of June 3, 4 and 5, 1998 adopted Clause No. 7 of Report No. 7 of the Urban Environment and Development Committee in which staff were requested to prepare a summary of previous reports on Steeles Avenue.

The former Metro Toronto Planning and Transportation Committee at its meetings on November 27, 1996 and February 5, 1997, had requested a report on the history and status of the acquisition of Steeles Avenue between the east and west boundaries of the City of Toronto. The report was submitted to the Committee on March 5, 1997.

This report summarizes the information previously presented to Metro Council.

History of the Current Agreement with the Regional Municipality of York:

Prior to its assumption by Metropolitan Toronto, Steeles Avenue was under the jurisdiction of various local municipalities and the County of York. In June 1963, the County of York passed a resolution agreeing to assume Steeles Avenue as part of its Suburban Roads System. At that time, the Toronto and York Roads Commission was responsible for 187 miles of "suburban" roads (those constructed and maintained on a joint basis by the County of York and Metropolitan Toronto) and 17.5 miles of purely County roads. The continued existence of the Roads Commission after the formation of Metro in 1953 was in recognition of the need for continuing coordination of transportation policies in the areas north and south of Steeles Avenue.

The Metro Official Plans from 1959 and 1966 showed Steeles Avenue as a future Metro road and on November 17, 1970 Metro Council adopted Clause 4 of Report No. 15 of the Transportation Committee approving the assumption of Steeles Avenue from Dufferin Street to Bayview Avenue effective January 1, 1971. However, after Council approval of the assumption, it was discovered that the assumption of Steeles Avenue by Metro was not agreeable to all of the municipalities within the Region of York, and as a result, an assumption by-law was not passed. Specifically, the Region of York did not find it acceptable that Metro would have the authority to control land use in those parts of the Town of Markham and the Town of Vaughan adjacent to the north side of Steeles Avenue.

Between 1971 and 1974 negotiations with the Region of York took place to draw up an agreement for the assumption of Steeles Avenue. An agreement was subsequently developed and approved by Metro Council on February 12, 1974 and signed on April 8, 1974. This agreement ensured that Metro would consult with the Region of York regarding all plans that would affect Steeles Avenue. The dates of assumption were amended by an agreement signed on November 4, 1975. As a result, and subject to completion of the road elements by the local municipalities, Steeles Avenue was assumed by Metropolitan Toronto as follows:

(1) January 1, 1975 - from the east boundary of Metro to Jane Street;

(2) January 1, 1976 - from Jane Street to Islington Avenue;

(3) April 1, 1980 - from Islington Avenue to Kipling Avenue;

(4) January 1, 1987 - Kipling Avenue to Highway 27; and

(5) January 1, 1989 - Highway 27 to the west boundary of Metro.

A detailed summary of the events leading up to the assumption of Steeles Avenue by Metropolitan Toronto are contained in Attachment 1 to this report.

Current Agreement with the Regional Municipality of York:

The current agreement between the Regional Municipality of York and Metropolitan Toronto (now City of Toronto) regarding Steeles Avenue was signed on April 8, 1974 and was amended with respect to assumption dates on November 4, 1975. The agreement outlines the terms and conditions associated with the assumption of Steeles Avenue by Metropolitan Toronto. It also outlines, in general terms, the responsibilities of the two regional municipalities regarding the management of Steeles Avenue. Copies of the agreements are attached to this report. The following is a synopsis of the terms and conditions of the agreement; the references to "Metro" in the agreement have been amended below to refer to the City of Toronto:

(1) The City (City of Toronto) has the authority to exercise all of the rights and powers and is subject to all of the duties and obligations with respect to Steeles Avenue as outlined under The Municipality of Metropolitan Toronto Act RSO 1970, c. 295 (the Act) for City roads. In other words, Steeles Avenue is like all other City roads;

(2) Prior to exercising any powers provided by sections 90, 91 and 92 of the Act that would affect lands within the Region (York Region), the City of Toronto is required to notify and obtain agreement from the Region. Section 90 of the Act grants the City Council the zoning authority of a local municipality over land lying within 45 metres (150 feet) of a City road. This means that the City can zone land use and density adjacent to any City road as long as the zoning is in conformity with the provisions of the applicable Official Plan. Section 91 grants the City the authority to pass a by-law that designates any City road as a controlled access road, and to pass a by-law to close any municipal road that intersects a City controlled access road, subject to Ontario Municipal Board approval. Section 92 allows the City to pass by-laws prohibiting or regulating the construction or use of any private road as a means of access to a City controlled access road;

(3) The City and the Region are required to consult with one another as early as possible on all proposed official plans, zoning by-laws, and plans of subdivisions that affect Steeles Avenue;

(4) The City Commissioners of Roads and Traffic (now Commissioner of Works and Emergency Services) and Planning (now Commissioner of Urban Development Services) and the York Commissioners of Engineering (now Transportation and Works) and Planning and members of their staff are to meet from time to time to discuss improvements to Steeles Avenue and development of lands adjacent to Steeles Avenue; and

(5)Markham and the Town of Vaughan have the right to construct sidewalks, storm sewers or (a) The Town of other improvements as they would under section 70 of The Regional Municipality of York Act (except that where Region of York approval is required, the City of Toronto is the approving body); and

(b) The Region of York has the same rights with respect to Steeles Avenue as outlined in section 156 of the Regional Municipality of York Act with respect to highways of an area municipality. This allows the Region to carry out work on and under Steeles Avenue pertaining to the construction and maintenance of pipes, sewers, and the like with the condition that the road surface be restored to its original condition.

The agreement allows for considerable latitude in regard to operational and maintenance issues, since it does not provide specific details regarding financial, access control, road allowance control and stormwater management responsibilities. As a result, the agreement has been used as a guide in making the following interpretations:

(i) Financial Responsibilities:

The interpretation that has been taken regarding financial responsibilities is that Steeles Avenue is to be treated like any other City arterial road. As a result, the City is financially responsible for the operation (including traffic control signals and policing), maintenance and upgrades to Steeles Avenue. Under the agreement sidewalks, storm sewers and street lighting fall under the jurisdiction of the regional or local municipality and are their financial responsibility.

(ii) Access Control and Zoning Responsibilities:

In carrying out its access control responsibilities for Steeles Avenue, the City negotiates directly with developers and the local municipalities in the City or York Region regarding required access to new developments. In cases where there is difficulty in reaching a consensus between the City and a developer, the City has the ultimate responsibility to ensure safe and efficient accesses are provided to Steeles Avenue.

With respect to land use issues the City has not sought to exercise its zoning authority, but rather has reviewed proposed zoning by-law changes to ensure the City's objectives are satisfied. One of the City's primary concerns in reviewing zoning changes is to ensure conformity with the City Official Plan and to identify any mitigating measures (eg. traffic signals, turning lanes) required to service the new development.

(iii) Road Allowance Control Responsibilities:

Road allowance control responsibilities include the issuing of permits for pavement cuts, shoring, piling, hoarding, excess loads, street furniture, signs and streetscaping. In issuing permits the City deals directly with each applicant. If an agreement cannot be reached with an applicant, the local municipality and the Region of York are included in the discussions.

Where a proposed use of the road allowance is not dealt with through permits, a special legal agreement is executed with the City Council authority. This would apply to pedestrian tunnels, encroaching canopies, or other structures and any temporary uses of the road allowance.

Agreements Regarding Other Comparable Boundary Roads:

Eglinton Avenue is the only other major City road which forms part of the City boundary. Eglinton Avenue was assumed by Metro from the Regional Municipality of Peel on January 1, 1983. The terms and conditions of the agreement with Peel Region are similar to those of the agreement with York Region regarding Steeles Avenue.

Discussion:

The main benefit to the public of having Steeles Avenue under the jurisdiction of one municipality is the co-ordination of maintenance, traffic operations, policing and construction activities. It is estimated that the annual maintenance cost for Steeles Avenue is approximately $1,750,000.00 and that capital improvements amounting to approximately $40,000,000.00 have been made to Steeles Avenue since its assumption by Metro in 1975. These improvements serve development on both sides of Steeles Avenue. In the 1997 - 2001 Capital Works Program there are no proposed capital improvements to Steeles Avenue programmed at this time. Future improvements to Steeles Avenue include: the railway grade separation east of Kennedy Road; completion of the widening to four lanes through the Rouge Valley; and the reconstruction and widening to seven lanes between Hilda Avenue and Bathurst Street, and between Jane Street and Weston Road. Construction of these projects has been identified in the post 2002-program and is estimated to cost $55.2 million. Table 1 attached lists the existing cross-section of Steeles Avenue and proposed future improvements.

In 1971 when the Region of York was created, development along the north side of Steeles Avenue was modest, but as may be seen from the attached Table 2, population and employment growth in the York Region municipalities of Vaughan, Markham and Richmond Hill has been substantial and is expected to continue. The rate of growth in Metro has been modest and is not expected to match the Region's in the next twenty years.

Since the assumption of Steeles Avenue, the agreement with the Region of York has been questioned by the former Metro Council. At its April 4, 1986 meeting, Metro Council approved a motion that requested that steps be taken to renegotiate the contract with the Region of York regarding construction costs, maintenance costs and policing costs of Steeles Avenue; and that the Region of York be requested to pay for these costs for the next 11 years. Based on this motion, Metro's Chief Administrative Officer was requested to undertake negotiations with the Region of York.

Concerns over the sharing of responsibilities between Metro and York were also expressed when Metro Council requested that some form of cost-sharing be established with the Region of York regarding the construction of the extension of the Spadina subway.

More recently, during its review of the Steeles Avenue East/CN Rail Grade Separation Environmental Assessment Study, the Transportation Committee recommended that the Regional Municipality of York be requested to share in the municipal portion of the costs of the proposed overpass and its Environmental Assessment. The Region of York responded by stating that they would not contribute to the costs of the project since Steeles Avenue is a component of the Metro Toronto road system exclusively under the jurisdiction and control of Metro. However, York did endorse the project and suggested it should receive a high priority.

Conclusions:

Steeles Avenue was assumed by the former Metro over 20 years ago to ensure that it was managed in a consistent and efficient manner. Following the assumption all improvements to Steeles Avenue have been paid for by the former Metro Corporation with appropriate subsidies from the Province.

Contact Name and Telephone Number:

Kathleen Llewellyn-Thomas

Manager - Project Planning and Design

392-8590

David C.Kaufman

General Manager, Transportation Services

Barry H. Gutteridge

Commissioner, Works and Emergency Services