March 12, 1999

To:Toronto Community Council

From:H.W.O. Doyle

Subject:Railway Lands Central and West

Purpose:

The purpose of this report is to:

1.advise Council that the Ontario Municipal Board has, by Order issued September 3, 1998, approved the amendments to the Railway Lands Central and West Part II Official Plans and Zoning By-laws originally passed by the Council of the former City of Toronto in October 1997 with the modifications approved by City Council in May 1998;

2.authorise an amendment to the 1994 Escrow Agreement in respect of the Railway Lands West to replace certain of the 1994 street and park conveyances with conveyances for the new streets and parks approved by the Board's Order of September 3, 1998; and

3.permit the Commissioner of Urban Planning and Development Services to report directly to the March 30, 1999 meeting of Toronto Community Council or the April 13, 1999 meeting of City Council upon the request by Concord Adex that the City agree to not take title to certain streets and park lands until the abutting blocks are developed.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications.

Recommendations:

It is recommended that:

1.The City amend the 1994 "Escrow Agreement Railway Lands Central and West" to replace the 1994 street and park conveyances with conveyances for the new streets and parks as shown on the 1997 amendments to the Railway Lands West Part II Plan and Zoning By-law approved by the Ontario Municipal Board Order of September 3, 1998.

2.The Commissioner of Urban Planning and Development Services be allowed to report directly to the March 30, 1999 meeting of Toronto Community Council or the April 13, 1999 meeting of City Council upon the request by Concord Adex that the City agree to not take title to the crescent abutting Block 26 and certain components of the Northern Linear Park until the abutting blocks are developed.

Council Reference/Background/History:

In October of 1994 the Ontario Municipal Board approved Part II Official Plans and Zoning By-laws for the Railway Lands Central and the Railway Lands West and the City of Toronto entered into various agreements with the owner, Canadian National Railway Company, regarding the future development of the lands. One of these was an escrow agreement whereby an escrow agent would hold certain lands to be conveyed to the City, including lands for the streets and parks to be constructed in conjunction with the ultimate development of the Railway Lands West.

In October, 1997 Council modified the Part II Plans and Zoning By-laws for the Railway Lands Central and West in response to an application by a new owner, Grand Adex. These modifications, which among other matters altered the location of some of the proposed streets and parks, were appealed to the Ontario Municipal Board. At its meeting held on May 13 and 14, 1998 Council adopted the recommendations in the City Solicitor's report of May 14, 1998 entitled "Railway Lands Central and West - OMB Settlement" and thereby advised the Board that the City agreed with certain modifications to the appealed Part II Plans and Zoning By-laws. By its Order dated September 3, 1998 the Board approved the Part II Official Plans and Zoning By-laws in accordance with the settlement supported by City Council.

Since then Concord Adex, the present owner, has proposed to build a golf course within the Railway Lands West as an interim use pending the ultimate development of the lands. Concord Adex has asked the City to confirm that Concord Adex may use certain of the escrowed street and park lands during the anticipated life of the interim golf course.

Comments and/or Discussion and/or Justification:

Changes to Escrow Agreement:

As the 1994 Escrow Agreement permits the escrow agent to hold conveyances for the streets and parks as set out in the 1994 Part II Plan and Zoning By-law, it is now necessary to amend the Escrow Agreement to replace those conveyances with conveyances for the new streets and parks as approved by the Board in September 1998.

Acknowledgment Agreement Regarding the Proposed Interim Golf Course:

Concord Adex has advised the proposed interim golf course will not proceed unless the City confirms it will not, during the anticipated life of the golf course, take title to an escrowed crescent abutting Block 26. Concord Adex has also asked that a similar assurance be given with respect to a component of the proposed Northern Linear Park. The Commissioner of Urban Planning and Development Services is currently reviewing these requests. Given that timing is of the essence if the proposed golf course is to be constructed this year, the Commissioner's staff have requested that the Commissioner of Urban Planning and Development Services be allowed to report on this matter directly to Toronto Community Council or City Council.

Conclusions:

It is appropriate to amend the Escrow Agreement as noted above. With respect to the owner's request regarding the proposed interim golf course, the Commissioner of Urban Planning and Development Services should be allowed to report directly to Toronto Community Council or to City Council.

Contact Name:

Stephen Bradley, Solicitor

Telephone: (416)392-7790

Fax: (416) 392-0024

E-Mail sbradley@toronto.ca

H.W.O. Doyle

City Solicitor

Legal Services

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