Railway Lands Central and West (Downtown)
The Toronto Community Council submits this matter to Council without recommendation.
The Toronto Community Council reports, for the information of Council, having requested:
(1)the Commissioner of Urban Planning and Development Services to report directly to Council on access for the
community, particularly for youth, and the provision of off-peak time for youth;
(2)the Commissioner of Economic Development, Culture and Tourism, in consultation with appropriate officials and the
Sub-Committee on Pesticides, to report directly to Council on pesticide use at the site; and
(3)the Commissioner of Works and Emergency Services to report directly to Council on a stormwater management plan
for the site.
The Toronto Community Council submits the following report (March 12, 1999) from the City Solicitor:
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
The Toronto Community Council also submits the report (March 30, 1999) from the Commissioner of Urban
Planning and Development Services:
Purpose:
To advise Toronto Community Council that I have no objection to the preparation of an agreement which would leave in
escrow the land designated for streets and park which is to be part of the temporary golf course on the Concord Adex lands
in the Railway Lands West, until abutting land is developed.
Source of Funds:
Not applicable.
Recommendation:
It is recommended that:
(1)The City enter into an agreement, in a form satisfactory to the City Solicitor, with Concord Adex confirming that,
notwithstanding any existing agreements with the City,
(a)grading, construction and/or conveyance to the City of the escrowed crescent abutting Block 26; and
(b)conveyance to the City of those parts of the northern linear park immediately to the north of Block 29, shown as Parts
37 and 42 on the Delph & Jenkins Survey No.30-97-020-2, dated September 25, 1997,
within the Railway Lands West, shall not occur until the abutting lands are developed.
Background:
Concord Adex, the owners of part of the Railway Lands, wishes to lease some of its lands for a temporary golf course use.
The Site Plan Approval application for the golf course is under review. Some of the golf course land is the subject of
escrow agreements affecting future streets and parkland to be conveyed to the City. Concord Adex has requested assurance
from the City that it will not take title to some of those lands during the life of the golf course.
The City Solicitor has recommended that I report directly to the March 30, 1999 meeting of Toronto Community Council
or to the April 13, 1999 meeting of City Council on this request.
Comments:
I support an agreement which gives Concord Adex the assurance that the City will not exercise its right to the escrowed
lands shown on Map 1 before the crescent road and park and are needed to serve the development which is to occur on the
adjacent lands. This will facilitate the golf course, which I also support, as a temporary use.
Any agreement should maintain:
(i)the City's right to pre-build Bremner Boulevard through the Railway Lands West;
(ii)the City's requirement that all streets and parkland required to service development, when it occurs, are built; and
(iii)the City's right to build a continuous open space link along the south side of the Rail Corridor between Spadina
Avenue and Bathurst Street.
I have consulted with the appropriate staff in the Departments of Works and Emergency Services and Economic
Development, Culture and Tourism, who advise that they have no objection to giving the applicant the assurance requested.
Conclusion:
In order to facilitate the construction of the golf course in the Railway Lands West, the City Solicitor should prepare an
agreement between the City and Concord Adex acknowledging that the City will not exercise its rights to the escrowed
street and parkland shown on Map 1 until that land is needed to serve development in adjacent development blocks.
Contact Name:
Ian Cooper
Telephone: (416) 392-7572
Fax: (416) 392-1330
E-Mail: icooper@toronto.ca
Insert Table/Map No. 1
Railway Lands
