Hearing - Stopping Up and Closing Public Highway -

Part of Queens Quay West (Downtown)

 The Toronto Community Council recommends that a draft by-law in the form of the draft by-law be enacted.

 The Toronto Community Council reports, for the information of Council, that pursuant to Clause 5 of Report No. 4 of the City Services Committee of the former City of Toronto, titled, ARealignment and Widening of Queens Quay West between Lower Spadina Avenue and Bathurst Street and construction of Portland Street and Simcoe Street between Queens Quay West and Lake Shore Boulevard West@ which was adopted by City Council at its meeting on April 1, 1996, notice of its hearing on May 6, 1998, with respect to the proposed enactment of the draft by-law was advertised in a daily newspaper on April 14, April 21, April 28 and May 5, 1998, and no one appeared before the Toronto Community Council in connection with the foregoing matter.

  The Toronto Community Council submits the following draft by-law:

 Bill No.

 BY-LAW No. -1998

 To stop up and close the public highway known as part of the Public Highway Queens Quay West.

  WHEREAS by Clause 5 of City Services Committee Report No. 4, as embodied in City of Toronto Executive Committee Report No. 10, adopted by the former Corporation of the City of Toronto Council on April 1, 1996, it is recommended that a part of the public highway known as Queens Quay West be stopped up and closed as a public highway.

 AND WHEREAS notice of Council's intention to stop up and close the said public lane and to convey part thereof as aforesaid was advertised in a daily newspaper on _____________, 1998.

 The Council of the City of Toronto HEREBY ENACTS as follows:

 1.Certain land being a part of the public highway Queens Quay West, described by W. Kowalenko, Esq., O.L.S., as follows:

 In the City of Toronto, Province of Ontario, being composed of:

 FIRSTLY: (Land Titles Office)

 Part of Parcel Block G-4 in the Register for Section AD-1397.

Part of the Public Highway Queens Quay West dedicated by City of Toronto By-law 427-85 (C-206525) being part of Block G on Plan D-1397 registered in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64), designated as PARTS 8 and 15 on Plan 66R-15712 deposited in the Land Registry Office for the Land Titles Division of Metropolitan Toronto (No.66).

 Saving and excepting thereout and therefrom part of the said Block G designated as PART 5 on Plan 66R-16241.

 SECONDLY: (Land Registry Office)

 Part of the Public Highway Queens Quay West dedicated by City of Toronto By-law 427-85 (CT720983) being parts of Blocks D and G on Plan D-1397 designated as PART 2 on Plan 63R-4574, both of the said Plans being in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64).

 Saving and excepting thereout and therefrom parts of the said Blocks D and G designated as PART 14 on Plan 63R-4999.

 is hereby stopped up and closed as a public highway.

ENACTED AND PASSED this day of , A.D. 1998.

MEL LASTMAN,NOVINA WONG,

MayorCity Clerk

  (Corporate Seal)

 The Toronto Community Council also submits Clause 5 of Report No. 4 of the City Services Committee of the former City of Toronto, headed ARealignment and widening of Queens Quay West between Lower Spadina Avenue and Bathurst Street and construction of Portland Street and Simcoe Street between Queens Quay West and Lake Shore Boulevard West@, which was adopted by City Council at its meeting held on April 1 and 2, 1996:

 The Committee recommends the adoption of the report (March 5, 1996) from the Acting Commissioner of Public Works and the Environment:

 Origin: Acting Commissioner of Public Works and the Environment (p:\1996\ug\ipt\cs960045.ipt) - ah

 Recommendations:

 1.That the Metropolitan Corporation be requested to consider the proposed interim modifications to the cross-section design of the Queens Quay West realignment and widening, and the Portland Street extension, as described in detail in this report, as "minor" changes to the approved design contained in the Waterfront West Light Rail Transit (WWLRT) Environmental Assessment;

 2.That the proposed modifications referred to in Recommendation No. 1 above, be implemented only as an interim condition prior to the construction of the Waterfront West Light Rail Transit facility;

 3.That the lands shown as Part 1 on Figure 1 dated March 1,1996, be laid out and subsequently dedicated for public highway purposes to form part of Queens Quay West and the lands shown as Part 5 be laid out and subsequently dedicated for public highway purposes to form part of Portland Street;

 4.That the lands shown as Parts 6 on Drawing No. SK-2117 dated March 1, 1996, be laid out and subsequently dedicated for public highway purposes to form part of Simcoe Street;

 5.That approval be given to realign and widen the pavement on Queens Quay West as follows:

 "The realignment of the pavement, the installation of a centre median, the realignment of the sidewalk on the south side, the construction of a sidewalk on the north side and the construction of the necessary municipal facilities on QUEENS QUAY WEST between Lower Spadina Avenue and Bathurst Street, as shown schematically on the attached print of Drawing No. SK-2112-1, dated March 1, 1996."

 6.That approval be given to construct a pavement and sidewalks on Portland Street, described as follows:

 "The construction of a pavement, sidewalks, curbs, a centre median and the necessary municipal facilities on PORTLAND STREET, from Lake Shore Boulevard West to Queens Quay West, as shown on the attached print of Drawing No. SK-2112-1. dated March 1, 1996."

 7.That approval be given to construct a pavement and sidewalks on Simcoe Street described as follows:

 "The construction of a pavement, sidewalks, curbs and the necessary municipal facilities on SIMCOE STREET from Queens Quay West to Lake Shore Boulevard West, as shown on the attached print of Drawing No. SK-2117, dated March 1, 1996."

 8.That the lands shown as Part 4 on Figure 1, dated March 1, 1996, be stopped up and closed as public highway and dedicated for parks purposes subject to easement rights in accordance with the terms and conditions described herein;

 9.That easements be granted to Bell Canada, Toronto Hydro and Consumers Gas over the lands to be closed for access, operation, use, inspection, repair, maintenance, reconstruction or alteration of the existing facilities and for the construction of additional services;

 10.That access be retained over the portion of Queens Quay West to be closed for the operation, use, inspection, repair, maintenance, reconstruction or alteration of the City's underground facilities;

 11.That the Queens Quay West Land Corporation be advised of the City's intent to construct the Queens Quay West realignment and widening from Lower Spadina Avenue to Bathurst Street and the extensions of Portland and Simcoe Streets from Queens Quay West to Lake Shore Boulevard West in 1996 and ensure that the funding for this purpose as stipulated in the Implementation Agreement is available for these projects; and

 12.That the appropriate City Officials be authorized to take whatever action is necessary to give effect to the foregoing, including the introduction in Council of any Bills that may be required.

 Background: The straightening of the existing Queens Quay West alignment between Lower Spadina Avenue and Bathurst Street and a 7 m widening of the road allowance of this section to correspond to that portion to the east, have long been contemplated as an integral measure to achieve a series of strategic planning, parks and transportation objectives in this area of Harbourfront. Dating back to at least 1987 and incorporated in all of the subsequent Federal, Provincial and City reviews of Harbourfront, the realignment of Queens Quay West has been established in a manner such that consolidated park space is created south of Queens Quay West, viable development parcels are framed on the north side, and the existing reverse curve alignment is removed, thereby improving operational safety for traffic and future transit operations.

 The Harbourfront Part II Plan, approved by Ontario Municipal Board Order dated May 3, 1993 incorporates the realignment and widening of Queens Quay West from Lower Spadina to Bathurst Street and notes that it is Council's policy to ensure the protection of an exclusive east-west rapid transit corridor within the 27 m wide realignment in accordance with OPA No. 12 of the Metropolitan Toronto Official Plan.

 In addition to the Queens Quay West considerations, overall Harbourfront planning has also dealt with the extension of north-south streets, namely Portland and Simcoe Streets. Both have been shown in the Official Plan back to at least 1982 and form components of the current Plan. Among other attributes, these streets will allow development parcels to be configured as City blocks subdivided by public streets, physically and visually link Harbourfront and the Railway Lands, provide pedestrian connections and view corridors to more fully integrate Harbourfront with the City and provide operational flexibility in access to Harbourfront.

 Given the importance of these roadworks, the Implementation Agreement of October 6, 1992 between the City, Queens Quay West Land Corporation (QQWLC) and the Crown provides a specific mechanism for the construction of these works. The City has undertaken to layout, design, construct and dedicate the roads as soon as is reasonably possible and in any event within 24 months of the satisfaction of the conditions precedent in Section 3.2 of the Agreement:

  (a)funding by Harbourfront;

 (b)compliance by the City with the Environmental Assessment Act;

 (c)conveyance by Harbourfront to the City in fee simple, free from encumbrance, the required lands; and

 (d)approval by Metro.

  With respect to the funding, Section 4.5 of the Agreement generally calls for the payment of $2.4 million provided the City produces to Harbourfront either the work order or purchase order or other satisfactory proof of expenditures, not less than 21 days ahead of the Council consideration date.

 A number of the prerequisites to construction of the Queens Quay West realignment and widening and extensions of Simcoe and Portland Streets have been achieved or are in the final stages of resolution. In addition to complying with the City's contractual obligations, the recent announcement of a major residential development on the abutting Parcel SQ-2 as well as the desire of the Parks and Recreation Department to undertake Harbourfront parks improvements, it is imperative that the road projects be undertaken as expeditiously as possible.

 Concurrent with the above noted planning process, the Metropolitan Corporation and Toronto Transit Commission were engaged in the preparation of the Waterfront West Light Rail Transit (WWLRT) Environmental Assessment, a portion of which encompasses the Queens Quay West realignment and Portland Street extension. This document was approved and ordered by the Lieutenant Governor in Council on August 30, 1995. Since the Queens Quay West road realignment and Portland extension are elements of the approved WWLRT proposal and were accordingly detailed in the approved Environmental Assessment documents, I have corresponded with senior Ministry of the Environment and Energy officials to the effect that it would appear the requirements of the Environmental Assessment Act related to the road works have been satisfied by virtue of the WWLRT EA approval.

 I have proceeded with preliminary design of the road works generally in accordance with the configuration established in the approved WWLRT EA document, in consultation with the Commissioners of Parks and Recreation and Planning and Development among others in order to undertake construction this year. However, modifications to the approved cross sections have been identified as desirable as an interim condition, prior to the construction of the WWLRT. I note that Metropolitan Toronto has not identified the WWLRT as a project being considered for early implementation and consequently, funds have not been allocated by Metro or the Province for construction of this facility.

 Comments: In order to meet the City's obligations under the Implementation Agreement, it is necessary for Council to address a number of related issues at this time, namely the endorsement of an amendment to the approved design, the lay out and dedication of the lands required for the realignment of Queens Quay West and construction of Portland Street and Simcoe Street, the approval of the alteration of Queens Quay West, the approval of the construction of surface facilities on the Portland Street and Simcoe Street extensions and the stopping up and closing of a portion of the existing Queens Quay West right of way for incorporation as park land.

 1.Approval of final design

 Modifications to the approved design of Queens Quay West and Portland Street requested by the Commissioners of Parks and Recreation and Planning and Development, which are described below and illustrated on the attached figures, must be accepted by the proponents of the project, in this case Metropolitan Toronto and the Toronto Transit Commission. If, in their opinion, these modifications are considered "minor" (i.e. will not adversely alter the impacts to the environment, as presented in the EA report), the modifications will be documented in the public record with the Ministry of Environment and Energy, but would not require their formal approval. Otherwise, the modifications would be considered "significant" and require a lengthier and consultative approval process, which would for all practical purposes preclude the proposed construction schedule.

 The proposed modifications are as follows:

 -the introduction of a lane of parking on the north side of Queens Quay West between Lower Spadina Avenue and Portland Street Extension; and

 -a widened grassed median along the Queens Quay West realignment and Portland Street Extension.

 The on-street parking would accommodate the short-term parking generated by the at-grade retail uses included as part of the development project proposed on the site abutting the north limit of the Queens Quay West realignment (Premises Nos. 540-570 Queens Quay West - Development Review Application No. 395056). It is important to note that the on-street parking is an interim condition and will be removed in conjunction with the WWLRT construction. Similarly, the grassed median on Queens Quay West will be narrowed and the median on the Portland Street Extension will be removed entirely to accommodate the WWLRT tracks. A public meeting will be scheduled with local residents and interested parties to present the proposed median treatments for the interim period prior to construction of the WWLRT by the TTC.

 Metropolitan Toronto and TTC staffs have indicated in preliminary discussions, that the proposed modifications outlined above are acceptable in principle. Formal notification of their acceptance of these modifications is, however, required. In the event that either Metro or the TTC does not accept these modifications or consider them "minor" in nature, the City must assess the implications of deferring the construction of these facilities until these issues can be resolved versus the construction of the facilities as approved in the EA document.

 In addition to the above modifications, it is proposed that in the section immediately east of the realignment, adjacent to Spadina Gardens, the median not be constructed at this time. This section of road is not being realigned and the construction of the median at this location, and the associated pavement widening, would necessitate a reduction in the size of the park including the removal of several mature City-owned trees, modifications and re-grading. Therefore, in order to defer these impacts and costs, it is proposed that this section of Queens Quay West be widened in conjunction with the construction of the LRT. Of course, the widened road allowance of 27m is not affected by this construction staging.

 2.Lay out and dedication

 The lands required for the realignment and widening of Queens Quay West and construction of Portland Street have been conveyed to the City. The various parcels comprising these lands are shown as Parts 1, 2, 3 and 5 on Figure 1 dated March 1, 1996, and more particularly described in Appendix A, attached. Council has previously authorized the lay out and dedication of Parts 2 and 3. It would be appropriate to authorize the lay out and dedication of Parts 1 and 5 for public highway purposes at this time.

 The lands required for the construction of Simcoe Street have also been conveyed to the City and are shown as Part 6 on Drawing No. SK-2117 dated March 1, 1996. These lands are more particularly described in Appendix A. The lay out and dedication of these lands should be authorized at this time.

 3.Alteration of Queens Quay West

 Queens Quay West between Lower Spadina Avenue and Bathurst Street has a right-of-way width varying from 20 m to 22 m, a pavement varying in width from 14 m to 16 m, and a sidewalk approximately 3.0 m in width on the south side of the street.

 The realignment of the Queens Quay West pavement within a 27 m right-of-way between Lower Spadina Avenue and Bathurst Street to facilitate the future construction of WWLRT facility will provide for an expanded park system along the water's edge. The work includes the construction of a median, varying in width from 2.0 m to 7.5 m from 100 m west of Lower Spadina Avenue to 40 m west of the proposed Portland Street extension, a north roadway 7.5 m in width, a south roadway 5.5 m in width, and sidewalks and bicycle lanes on both sides of the street within a realigned right-of-way. The physical work associated with the realignment is described in Recommendation No. 5, above and shown schematically on the attached print of Drawing No. SK-2112-1, dated March 1, 1996.

 The realignment and widening of the Queens Quay West pavement between Lower Spadina Avenue and Bathurst Street constitutes an alteration to a public highway, pursuant to the provisions of the Municipal Act. This aspect of the project has been approved under Section 14 of the Environmental Assessment Act within the context of the WWLRT EA.

 4.Construction of Portland Street

 The Portland Street extension will be connected to the realigned Queens Quay West and should be constructed in conjunction with the proposed realignment.

 The work includes the construction of median approximately 4.0 m wide, east and west roadways 5.0 m in width and sidewalks on both sides of the street. The physical work associated with the extension is described in Recommendation No. 6, above and shown schematically on the attached print of Drawing No. SK-2112-1, dated March 1, 1996.

 The construction of the Portland Street extension has been approved under Section 14 of the Environmental Assessment Act within the context of the WWLRT EA.

 The extension of Portland Street will connect to Lake Shore Boulevard West which is a thoroughfare under the jurisdiction of the Metropolitan Corporation. Metro has approved this aspect by virtue of its acceptance of the WWLRT EA, although details will be finalized at the detailed design stage.

 5.Construction of Simcoe Street

 The Simcoe Street extension between Queens Quay West and Lake Shore Boulevard West will connect to the proposed extension southerly of Simcoe Street from Bremner Boulevard being undertaken as part of the Metro Convention Centre Expansion Project. The work includes the construction of a pavement, varying in width from 13.0 m to 15.6 m and sidewalks on both sides of the street. The physical work associated with the extension is described in Recommendation No. 7, above and shown on the attached print of Drawing No. SK-2117, dated March 1, 1996.

 The construction of the Simcoe Street extension between Queens Quay West and Lake Shore Boulevard West is subject to Environmental Assessment under Schedule B of the Class Environmental Assessment for Municipal Road projects.

The extension of Simcoe Street will connect to Lake Shore Boulevard West which is a thoroughfare under the jurisdiction of the Metropolitan Corporation. Metro Transportation has approved this connection in principle as well as the future signalization of same, but again, the details will be finalized at the detailed design stage.

 6.Closing of a portion of Queens Quay West between Lower Spadina Avenue and Bathurst Street

 The construction and dedication of the realigned Queens Quay West will allow for the stopping up and closing of a portion of the existing Queens Quay West right-of-way. These lands, identified as Part 4 on the attached Figure 1 dated March 1, 1996, will no longer be required for public highway purposes, and should be stopped up and closed as a public highway and thereafter dedicated for parks purposes.

 I have undertaken a detailed assessment of this closing and note that this portion of Queens Quay West contains existing City services which can remain in place. Access therefore, will be required to maintain the City's 300 mm watermain, 300 mm sanitary sewer and 450-600 mm storm sewer. Toronto Hydro, Bell Canada and Consumers Gas also have underground services located in the portion of Queens Quay West to be closed which will require easements over the area to be closed for access, operation, use, inspection, repair, maintenance, reconstruction or alteration of their existing plant and for the construction of additional services, including those required for the servicing of the proposed residential development on Parcel SQ-2. The areas of these utilities must be kept clear of tree planting and the construction of structures or below grade facilities. The utility companies may elect to provide new plant to service this site within the realigned portion of Queens Quay West.

 The conversion of the land to parks purposes will require, among other things, the removal of the existing pavement, curbs and sidewalk and the placement of clean fill on the portion of Queens Quay West to be closed.

The proposed closing of this portion of Queens Quay West has been approved under Section 14 of the Environmental Assessment Act within the context of the WWLRT EA.

 7.Costs

 The estimated cost of the work described herein is $2,400,000, which will be borne by the Queens Quay West Land Corporation pursuant to the Implementation Agreement. Enhancements to streetscaping and plantings would be over and above this amount.

  Appendix A

 Lands to be laid out and dedicated or

stopped up and closed in connection with

the realignment and widening of Queens Quay

West and construction of Portland Street

and Simcoe Street

  StreetFigure 1Sketch No.Reference Plan

SK-2117 and/or Parcel No.

  Queens Quay WestPart 1 -Part 10 66R-15712

Part 17, 18, 19, 25, 26, 27, 28 AND 29 on

66R-15848

Part 7, 8, 9, 10 and 11 on 66R-16241

Parts 1 , 2 and 3 on 64R-13954

Part 13 on 63R-4999

  Part 2 -Parts 15 and 16 on 63R-4999

  Part 3 -Part 4 on 66R-16241

  Part 4 -SQ-1

   Portland StreetPart 5 -Part 17 on 63R-4999

  Simcoe Street - Part 6Parts 1, 2, 3 and 4 on 66R-16372