Joint Flood Protection Study: West Don Lands

(Don River)

The Works Committee recommends the adoption of the following joint report (June 29, 1999) from the Commissioner of Works and Emergency Services and the Executive Director and Chief Planner, Urban Planning and Development Services:

Purpose:

To authorize a joint study between the City of Toronto, the Toronto and Region Conservation Authority and the Ontario Realty Corporation addressing technical issues related to flood protection of the West Don Lands and associated lands in the flood plain.

Funding Sources, Financial Implications and Impact Statement:

Existing funds in Works and Emergency Services 1999 Capital Budget - Stormwater Management up to the lesser of $50,000.00 or 40 percent of the study costs, are sufficient to pay for the City's portion of the cost of the work as outlined in this report.

Recommendations:

It is recommended that:

(1)the Commissioner of Works and Emergency Services, in consultation with the Commissioner of Urban Planning and Development Services, the Toronto and Region Conservation Authority and the Ontario Realty Corporation be authorized to:

(a)prepare a detailed terms of reference for the planning and design of flood protection works in the West Don Lands;

(b)engage a qualified technical consulting group to carry out the planning and design study, in accordance with standard City practice for the selection and hiring of consultants; and

(c)fund the City's contribution for the study from the 1999 Works and Emergency Services Capital Budget - Stormwater Management with such expenditures not to exceed the lesser of $50,000.00 or 40 percent of the total project study costs;

(2)Recommendation No. (1) be subject to the Toronto and Region Conservation Authority and the Ontario Realty Corporation agreeing to pay for the balance of the study costs above and beyond the City's maximum contribution;

(3)the Commissioner of Works and Emergency Services report to the Works Committee in approximately six months with information on the results of the planning and design study and recommendations on the next steps; and

(4)the appropriate City officials be authorised and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

In the late 1980's, the former City of Toronto and the Province of Ontario jointly undertook to develop 35 hectares of land east of Parliament Street, south of Front Street East to construct a 7,000 unit affordable housing project to alleviate a regional housing shortage. The planning and implementation of the project proved difficult because of unforeseen technical problems, including the mitigation of flood impacts from the Don River and the management of polluted soil and groundwater. These and other difficulties led to the project being cancelled in March 1992.

Between 1992 and 1996, the City and the Province negotiated the terms and conditions of transferring ownership of the development site back to the Province. In 1996, the deal was finalized and the transfer occurred. The City's liability in the project cancellation was limited to $30 million while the Province's liability was a substantially greater amount.

From a planning perspective, the failure of the project left a large planning vacuum. The site, which was primarily abandoned and derelict, had an antiquated heavy industrial zoning and no height limit. The City undertook to obtain a Special Policy Area (SPA) designation to permit development in the flood plain. However, the requisite flood proofing of individual buildings limits development unless remedial control works for regional flood protection is provided.

In the spring of 1996, an opportunity arose to implement planning measures to help revitalize the site. Two separate but parallel planning studies were completed to assist revitalization. The first study, undertaken by City planning staff, resulted in the development of an innovative set of new planning regulations for the King-Parliament area of downtown Toronto, including the West Don Lands. The regulations permit the reuse of existing buildings in the West Don Lands for non-residential uses in the short run. However, additions, new buildings and residential or live-work uses are not permitted until a Holding Symbol ("H") is removed from the lands. The resolution of flood protection, soil and groundwater, and infrastructure issues are required for the "H" to be removed. Of these issues, flood protection is the most complex and difficult to resolve. The full development potential of the West Don Lands cannot be achieved in the absence of a flood protection strategy.

The second study completed in 1996 by the Waterfront Regeneration Trust on behalf of the Province examined greening options for the Lower Don area, and recommended the construction of a shallow, wide earth berm as the most cost effective way of resolving flood protection issues affecting the West Don Lands. The advantage of this solution is that it is cost effective, and permits substantial "greening" and public use of the Don River corridor. The study, however, was preliminary and lacked the substantial engineering detail needed to confirm its feasibility and effectiveness.

To date, the impact of the City's and Waterfront Regeneration Trust's studies has been mixed. The new planning regulations have assisted the reuse of existing building stock in the West Don Lands for non-profit and film-related uses. However, fuller revitalization of the lands has not been achieved. The Ontario Realty Corporation, which conducted an extensive RFP for development of the lands came close, but failed to sell the site to a major and credible Ontario developer. The reason the land deal failed was because the developer felt that resolution of certain issues, particularly the flood protection of the lands, was not adequately clear to reduce the development risk. Therefore the land price was discounted, and the ORC, whose mandate is to maximize the value of the land to the Province, could not get authorization to sell the land.

Clearly, a need to resolve the flood protection issue was apparent. This report addresses how more certainly regarding how to flood protect the West Don Lands can be achieved.

Comments and/or Discussion and/or Justification:

(1)The Ontario Realty Corporation's Current Mandate:

The Ontario Realty Corporations's mandate is to generate as much revenue as quickly as possible from the lease or sale of lands in the West Don Lands. This mandate is consistent with the province-wide direction from the Management Board that the Ontario Realty Corporation sell as many assets as quickly as possible to generate provincial revenues. According to senior staff at the Ontario Realty Corporation, they cannot finance construction of the infrastructure required up front prior to the sale of the lands.

The ORC's mandate raises a serious dilemma for both the Province and the City. Without comprehensive resolution of broader planning issues affecting the West Don lands which are the subject of an "H" under the Planning Act, the Province has little choice but to require purchasers to resolve them. This approach was tried and it failed.

The incremental sale of small parcels of land in the West Don Lands will also fail. Some of the infrastructure, such as the flood protection measures, is expensive and is not readily implemented incrementally. Second, a cost sharing arrangement between several individual landowners would be difficult to arrange and would hamper effective negotiations with the City on the removal of the "H". In short, a more creative approach to the reduction of development risk in the West Don Lands is required.

(2)The Technical Working Group - Flood Protection Study:

City planning staff have repeatedly indicated to the ORC that the key to initiating redevelopment of the West Don Lands is to provide prospective purchasers with a "road map" on how to resolve the larger technical planning issues within the West Don Lands. In this manner, the development risk associated with the West Don Lands can be minimized. This would likely result in better redevelopment of the lands, and the ORC will sell the lands for more. For this reason the ORC struck a working group with representatives from the ORC, the City, local resident groups, and other public agencies such as the Conservation Authority. The working group has agreed that the flood protection issue should be resolved first. The group feels that the key technical issues regarding flood protection are best resolved through a detailed study with costs shared between the involved public agencies. The Ontario Realty Corporation and the Conservation Authority are willing to commit funds to the study.

(3)The Potential Benefits of Resolving Flood Protection:

The benefits of resolving the flood protection issue are several and include:

(a)facilitates viable redevelopment of the West Don Lands;

(b)reintegrates a desolate area into the surrounding downtown;

(c)enhances the public open space network in the Lower Don and King-Parliament area; and

(d)addresses the issue of flood hazards in the floodplain as a whole, including South Riverdale, the Port area and the lower downtown.

(4)Preliminary Terms of Reference:

The purpose of the study is to expand on the conceptual design of a shallow berm and other measures recommended by the Waterfront Regeneration Trust in early 1996. The study will build on previous work by resolving certain detailed engineering issues and addressing some conceptual issues not previously considered. As part of the study the consultant group retained would be expected to provide:

(a)a detailed engineering design and specifications for the shallow berm, including a grading plan, and its offsite flood impacts;

(b)a detailed engineering design for any diversion culverts;

(c)a conceptual design for berming required on the east side of the Don River, and its offsite flood impacts;

(d)a drainage and storm water management plan for the area;

(e)a detailed engineering design for the Don River utility conduit bypass, and scoping of other potential issues associated with utility conflicts;

(f)a strategy for the management of contaminated soil and groundwater underneath and adjacent to the berm area or any other flood related infrastructure required;

(g)a conceptual design, feasibility and cost estimate for a pedestrian underpass and trail connection under the CNR rail corridor;

(h)preparation of a concept plan for the West Don Lands, 480 Lake Shore and adjacent areas which integrates the flood protection components with transportation, naturalization and trail connection concepts;

(i)scoping of any downstream issues such as the need for dredging the Keating channel or its replacement; and

(j)a detailed cost estimate for remedial works and the development of a financing strategy.

(5)Composition of the Steering Committee:

It is proposed that a Steering Committee be struck consisting of City staff from both Works and Emergency Services and Urban Planning and Development Services, the Toronto and Region Conservation Authority, the Ministry of Municipal Affairs, Ontario Realty Corporation and the West Don Lands Committee.

(6)Costs and Time Frame:

The total cost of the study is estimated to be between $100,000.00 and $125,000.00 and will take about six months to complete. It is intended that the study will proceed on a cost-shared basis with the Toronto and Region Conservation Authority and ORC. The City's contribution would be limited to the lesser of $50,000.00 or 40 percent of the total study cost.

Conclusions:

This proposed study is necessary to facilitate redevelopment of the West Don Lands in a manner that best benefits the City. This proposal has been discussed with the Commissioner of Urban Planning and Development Services who is supportive of this initiative.

Contact Names:

Lance AlexanderTed Bowering

Senior PlannerManager, Soil/Water Quality Improvement

Phone: 397-7573Phone: 392-7705

Fax: 392-1330Fax: 392-1456