Mayor Tory’s vote to build townhomes next to rail yard threatens SmartTrack plans
By supporting a push from Etobicoke councillors, Tory voted for changes to land use that could challenge expansion plans for GO transit and his own heavy-rail SmartTrack ambitions.

TheStar.com
June 9, 2016
Jennifer Pagliaro

Mayor John Tory voted in favour of allowing residential homes to be built next to a GO Transit maintenance yard at the urging of allied Etobicoke councillors, ignoring the chief planner’s warning that the move threatens the mayor’s own signature SmartTrack transit plans.

Both senior city staff and officials from the provincial transit arm Metrolinx warned council that changes to allow residential development on a sliver of employment lands (zoned for industrial, commercial and institutional use) next to the rail facility in south Etobicoke would affect provincial plans for expanded, electrified GO service known as Regional Express Rail (RER).

Those expansion plans are directly linked to Tory’s own chief campaign promise to create a localized heavy-rail service using existing GO rail tracks, with additional stations in Toronto, which he calls SmartTrack.

“The Willowbrook yard is a critical, critical facility for delivering on RER and SmartTrack,” the city’s chief planner Jennifer Keesmaat told council Wednesday. “In the absence of the opportunity to expand that facility, it is very difficult to, in fact, expand the transit uses along our heavy rail corridors in the region.”

The mayor’s spokesperson Amanda Galbraith said Metrolinx is in the process of purchasing lands along the rail corridor and that the decision by council “allows the city to look at all options on how to best use land near our rail corridors.”

“SmartTrack is moving forward, thanks in part to our strong working relationship with Metrolinx and the provincial government,” she said. “We remain in close communication with them on this and all elements of our joint transit expansion.”

After city staff reviewed the land uses in the area of Royal York Rd. and the rail corridor — a process involving public consultations that took two years — last month they recommended some of the employment lands could be converted to mixed use areas, but in doing so, still protect the Willowbrook site for future transit expansion. Keesmaat said local residents supported keeping the employment lands as a buffer.

But at planning and growth committee in May, Councillor Justin Di Ciano (Ward 5 Etobicoke-Lakeshore) urged councillors to allow residential development on a section of land south of Judson St. between Royal York and Willowbrook roads, which is not in his ward. The site is just north of the rail facilities.

As the CBC first reported, Dunpar Developments has applied to the city to build 72 townhomes and lowrise commercial buildings at that site.

The broadcaster reported and the Star has confirmed through public records that there are ties between Di Ciano and the developer through his twin brother, Julien Di Ciano, who lists Dunpar as a former employer.

Julien Di Ciano incorporated Fountain Hill Construction and Consulting last year at a building on Islington Ave. that is owned by a numbered company registered to Dunpar’s president John Zanini.

Di Ciano told council earlier this week that he had sought “expert legal advice” and that advice was “crystal clear” that he was not in a conflict of interest on the issue and that he looked forward to participating in the debate.

Reached by the Star on Thursday afternoon, Justin Di Ciano said these are complex planning issues and he didn’t have time to adequately reply by the Star’s deadline.

On Wednesday, area councillor Mark Grimes (Ward 6 Etobicoke-Lakeshore) defended the requested changes to land use, saying a cement-mixing facility currently on the lands caused ongoing problems for nearby residents. Dunpar has said it has a conditional offer to buy the property.

“It’s a nightmare I’m trying to solve . . . this is the light at the end of the tunnel for the residents of my ward,” Grimes said.

Council, including Tory, supported the local councillors. The item passed as amended, 21-15. Di Ciano was not present for the vote.

Metrolinx spokesperson Anne Marie Aikins said the province’s RER plans for expanded service mean many more trains moving through the facility and work “around the clock” to clean and service vehicles, which will include lights and loud noises.

“I think our main concern is that the use is incompatible,” she said. “If you have residents living right beside a facility like that, a very busy facility like that, it just isn’t a compatible use. We don’t want to set ourselves up to not be a good neighbour right from the beginning.”

Metrolinx’s chief operating officer Greg Percy wrote to council June 2 to oppose the planning committee’s recommendations.

“It is our opinion that residential development, which is allowed under the ‘mixed use’ designation, would adversely affect Willowbrook’s current rail yard . . . and maintenance operations and limit future expansion anticipated under the Regional Express Rail (RER) program,” he wrote.

Keesmaat argued Wednesday that homes next to the rail yard would not be “livable” and that the city could be challenged at the Ontario Municipal Board (OMB).

Councillors who voted to back city staff recommendations say they are baffled by the mayor’s position.

“The Mimico decision is possibly the worst decision we’ve made so far this term,” said Councillor Gord Perks on Thursday. “It jeopardizes the RER, and SmartTrack therefore. It jeopardizes some existing businesses and jobs, and it undermines the city’s position every time we try to protect employment lands right across the city.”

He said the way the city designates employment lands is done to intentionally keep residents way from “noisy and dirty uses,” but Wednesday’s vote puts them closer.

Metrolinx has the option of challenging council’s decision at the OMB, but the agency hasn’t yet decided whether to do so.

Perks noted that if the issue does go before the OMB, city planning staff won’t be able to defend the city’s position, since council voted to ignore their advice about the rail yard. Outside planners willing to defend that position would have to be hired instead.