Toronto Star

TULIPS, NOT TOWERS

Community council rejects private condo plan for rail lands city hopes will have park,

- JENNIFER PAGLIARO CITY HALL BUREAU

Councillor­s have moved to kill a bid to build towers decked over a downtown rail corridor where the city has its own plans to build a massive park.

The Toronto and East York community council voted Tuesday to reject a proposal from a consortium of developers — calling themselves P.I.T.S. Developmen­ts Inc. — to build eight condo and office towers on a constructe­d deck between Bathurst St. and Blue Jays Way, just south of Front St.

“Any developer can propose any ridiculous project, but it’s up to the city to accept it or stop it and, thankfully, today Toronto and East York community council voted unanimousl­y to stop it,” said Councillor Joe Cressy (Ward 20 Trinity-Spadina), who represents the area. “It’s a bad project and city staff clearly stated such.”

The final decision on the project will be made by city council at a meeting later this month. It’s unclear if that decision will be appealed to the Ontario Municipal Board, which hears land-use planning disputes.

The decision follows council approval in principle of a plan to build an 8.5-hectare park, known as Rail Deck Park — which is estimated to cost $1.66 billion — in that space.

The developers’ plan conflicts with the city’s own proposal, which was developed by city staff and backed by Mayor John Tory in 2016.

In a 100-page report recommendi­ng council reject the developer proposal, city staff said it “raises significan­t planning concerns” and prevents the city from creating badly needed parkland downtown.

At the Tuesday meeting, Ira Kagan, the Toronto lawyer representi­ng the developmen­t group, said his clients intended to close a deal on the air rights above the corridor.

However, the developmen­t group has not been clear what conditions are attached to that deal, nor have they disclosed them to the city.

Cressy, in questions to Kagan, also highlighte­d that the developmen­t proposal made use of city-owned land and air rights, which would require the city’s co-operation.

A Jan. 15 letter from the Toronto Terminals Railway stated it and the Canadian National Railway Company “own 100 per cent of all property rights above 27 feet (8.2 metres) above the top of the rail of the track” in the area.

The rail companies have appealed a December 2017 council decision to prevent any residentia­l or non-residentia­l buildings in that area to protect the site as parkland. That appeal remains unresolved.

“My client spent a not-small fortune in completing the myriad of studies which the city requires for a complete applicatio­n,” Kagan said, arguing the space was suited to future growth.

Council’s discussion of the proposal will start on Jan. 31.

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