Councillors reject eight-tower development over downtown rail corridor
Private proposal conflicts with city plan for a 21-acre park between Bathurst St. and Blue Jays Way.

TheStar.com
Jan. 17, 2017
Jennifer Pagliaro

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 to reject the project will be made by 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 a 21-acre park, known as Rail Deck Park — what is currently 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 thick, 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 meeting Tuesday, a Toronto municipal lawyer representing the development group, Ira Kagan, 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 they and the Canadian National Railway Company “own 100% of all property rights above 27 feet 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, protecting 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 meets starting Jan. 31.