Walkway Closing - 170 The Donway West (UDOZ-90-75) -
Don Parkway
The North York Community Council recommends the adoption of the following report (September 1, 1998) from
the Director, Transportation Services, District 3:
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:
(1)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);
(2)condition (v) being referred to the Chief Financial Officer and Treasurer, to make the appropriate amendments and take
the appropriate action;
(3)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;
(4)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;
(5)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
(6)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:
(i)the applicant assuming responsibility for all costs associated with the closure of the existing walkway;
(ii)the 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;
(iii)the 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;
(iv)the 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
(v)the 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.