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STAFF REPORT

January 24, 2000

To: Planning and Transportation Committee

From: Acting Commissioner of Urban Development Services

Subject: Exemption from Subdivision Control and Part Lot Control of Certain Lands in connection with the purchase of Union Station by the City of Toronto and GO Transit.

(Trinity-Niagara, Downtown, Don River)

Purpose:

To exempt certain lands from subdivision control to allow the reservation of an easement in favour of the Toronto Terminals Railway Company Limited over portions of the lands being transferred to GO Transit in association with the purchase of Union Station by the City of Toronto.

Financial Implications and Impact Statement:

There are no direct financial implications resulting from the adoption of this report.

Recommendations:

It is recommended that:

1. a Subdivision Control Exemption By-law be enacted pursuant to section 16 of the City of Toronto Act, 1971 in respect of the lands illustrated on Map 1 hereto, being transferred to GO Transit in association with the purchase of Union Station, such By-law to expire on December 31, 2000;

2. a Part Lot Control Exemption By-law be enacted pursuant to section 50(7) of the Planning Act, in respect of the lands illustrated on Maps 2 and 3 hereto, being transferred to GO Transit in association with the purchase of Union Station, such By-law to expire on December 31, 2000;

3. the City Solicitor be authorized to introduce the necessary Bills in Council to give effect to recommendations 1 and 2; and

4. the appropriate City Officials be authorized and directed to register the By-laws on title.

Background:

At its meeting held July 27, 28 and 29, 1999 Council authorized the execution of an Agreement of Purchase and Sale for the acquisition of the real property assets of the Toronto Terminals Railway Company Limited (TTR) including Union Station, the rail corridor between the Don River and Strachan Avenue and the CP Express site. That agreement provides for the reservation to TTR of an easement for the existing fibre optic cable network located within the rail corridor. In a report dated January 6, 2000 the Chief Administrative Officer reported that, in order to finance the transaction, the CP Express site and the rail corridor will be transferred to GO Transit. The transaction closes on March 15, 2000.

Comments:

Urban Development Services Staff, in consultation with the City Solicitor, have determined that it is necessary and appropriate to exempt certain portions of the rail corridor lands being purchased by GO Transit, as generally illustrated on Maps 1 through 3 attached hereto, from subdivision control to allow for the reservation of easements in favour of the TTR. The exemption from Subdivision Control and Part Lot Control is required in order to satisfy conditions associated with the sale of Union Station with respect to an existing fibre optic cable network.

City staff has determined that the usual reasons for subdivision control do not apply in this situation. A portion of these lands are already covered by the City of Toronto Act, 1971, as amended, which required Precinct Agreements to be entered into with the City. These agreements already control what may be built on the lands in question. Furthermore, the most significant of these lands between York and Bay Streets are already in City ownership (or will be as a result of this transaction) and therefore under the control of the City. Nonetheless, out of an abundance of caution, it is our view that following the completion of these transactions, subdivision control should be reinstated. It has been agreed with GO Transit and TTR that the exempting By-laws will automatically expire on December 31, 2000.

Conclusions:

It is necessary and appropriate to exempt certain lands being acquired by GO Transit in association with the City's purchase of Union Station from Subdivision Control and Part Lot Control for a fixed period of time to satisfy a condition of the sale to provide for an existing fibre optic cable network located in the rail corridor.

Contact:

Angus Cranston Waterfront Section

Telephone: 392-0425

Fax: 392-1330

E-Mail: acransto@toronto.ca

Reviewed by:

______________________________ __________________________________

Paul J. Bedford JAMES RIDGE

Executive Director and Chief Planner Acting Commissioner

City Planning Division Urban Development Services

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List of Attachments:

Maps (3)

 

   
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