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Barber on the Waterfront

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unimaginative2

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POSTED ON 08/02/06

Profit plans invade the waterfront void

JOHN BARBER

A $10-million, abandoned ferry terminal. An expanded island airport. A huge, new power plant right next to the huge, old, abandoned power plant. Such are the latest fruits of waterfront "revitalization." Poor waterfront!

The only unalloyed good news to emerge recently is the development of a new film studio complex deep in the Port Lands -- exactly the right thing in exactly the right place. If not outright disastrous, every other recent development represents a serious setback to the original dream of a new, clean and green front porch for Toronto. A quick look ahead reveals no hope.

The next disaster made itself known at city hall yesterday when Home Depot and partners submitted their plans for the site of the former tent city at the mouth of the Don, the largest piece of vacant land on the central waterfront. Although horrified councillors took the advice of city planners and turned the group down flat, their vision will not recede so easily. It is the infallible market at work.

Defying all manner of plans completed and even more evolving, ignoring utopian images of water-lapped urban villages, the Home Depot group (also including Castlepoint Development) proposed a clotted nest of 11 high-rise towers on the site, two of them more than 50 storeys tall, along with the usual big-box store and a massive parking garage to match it.

If the point was to define precisely what 10 years of intensive planning consistently recommended against, the Home Depot group nailed it. But if it was only intended as a shot across the bow, it was still well done, reminding planners and politicians from the get-go who's really in charge.

Anybody old enough to remember what developers Huang & Danczy did to Harbourfront will recognize the peril. The process by which Harbourfront transformed from waterfront village into concrete wall is back in action.

Although council turned it down, the latest Home Depot proposal lands a severe blow against the high hopes surrounding a comprehensive plan for the district in which it is located, known as the East Bayfront. The Toronto Waterfront Revitalization Corp. promoted that plan as one of its major achievements. But the first slated project flies in its face.

For some strange reason, the TWRC plan did not extend far enough east to incorporate the largest development site in the East Bayfront, which thus escaped its idealistic vision. The corporation protested against the latest proposal, but only as a bystander. It can hardly be pleased that Castlepoint is also one of the largest landowners in the already-planned part of the precinct.

For their part, city planners concluded that the application is premature, even though Home Depot first applied to build a store on the site 10 years ago. The end result is a perfect argument at the Ontario Municipal Board, should the developers decide to make it. How long are they expected to wait while all the planning agencies dither and fight?

Luckily for the city, the board turned down Home Depot's 1990s plan to build a basic big box on the site. But that luck could change. At any rate, the matter is now out of the hands of all those local authorities who once presumed to master it.

So what else is new? The city huffs and puffs while the Toronto Port Authority barges ahead with its own waterfront vision at the island airport. The TWRC emits equally fruitless indignation while the provincial government imposes an unnecessary power plant on what should be a prized redevelopment site in the Port Lands. The gradual emergence of Harbourfront II in the East Bayfront only emphasizes the basic inadequacy of the entire waterfront initiative: Nobody's in charge.

Until now, that failure ensured that nothing much happened on the waterfront. But those days appear to be over. Things are happening now, and the fruits of failure are becoming real -- in an all-too-familiar form.

jbarber@globeandmail.com
 
I don't suppose the city has any powers to expropriate this land at fair market values? The ideal situation would be to buy up the land, do the planning, then sell parcels to developers who agree to follow the master plan.
 
The city could... if it had the cash. Then again, that's more or less what the TWRC was supposed to have the power to do, although that legislation died stillborn quite some time ago.
In fact, given the protestations re: city land in the East Bayfront, if it were to buy the land, it is highly likely that that expenditure might make the city less willing to treansfer the property over to the TWRC, resulting in even more chaos. At the very least, it would put the lie to the TWRC yet again.
 
The whole proposal is a little frivulous anyways. It will probably drag on a little, and when the new City of Toronto Act came into force next year, it'd probably die a quiet death.

AoD
 
I don't think it'll go away so quickly. Two things are interesting in this plan, stuff Barber picked up and what I saw when I used to cover development proposals, and their ensuing OMB battles, in Etobicoke and Uxbridge. They are:
1) Timing is a factor to the OMB. You can't simply disallow a business to develop its site forever in the hopes you'll develop the rest of the area a different way in the future. A big box store may not be what's envisioned for the future, but if I was Castlepoint's lawyer, I'd argue that it is consistent with current uses, and that a big box store can be easily redeveloped in the future into what the city envisions when the other development has been completed. That'd give Home Depot 10-20 years of business serving the needs of all the new current and future home and condow owners in the area.
2) the towers are a good suggestion, in that council often accepts scalebacks to mediocre developments as long as the most egregious (and permanent) aspects of the proposals are taken away. The OMB often forces council to work out similar bargains.

Barber's right: Castlepoint's not serious about this package in total, but it's a good reminder, especially with the current timing of the West Donlands, East Bayfront, and Don River mouth plans being released, that they're still there and council has to do business with them sometime.

As for expropriation, that's a lot of money and it often takes years of effort and more appeals to finally pay off the landowner (the province still faces appeals from people on the sides of old highways like 27 that say they were never properly recompensed). And the city can't argue that Castlepoint's land shouldn't cost so much under existing plans because they're already arguing Home Depot can't open a business there because it doesn't meet the city's future plans.

Development lawyers can be a lot smarter than slow-moving governments.
 
tforan:

1. Except that the piece of land is under EA, and as such have little value for development, pending the outcome. Given it's in a floodplain, additional regulatory measures could also be brought to bear.

2. In other areas facing less political scrutiny, perhaps, but in this case the province has a vested interest in the outcome (ministerial override is always a possiblity). Besides, I don't believe the other areas in question was subjected to such an intensive planning process either.

I am not sure whether it should be Council they should be doing business with - the report clearly suggested it is in their interest to work with the TWRC, who ultimately draft the plans which they more or less rubber stamp anyways.

I agree expropriation probably isn't an option - but if the government wants to make life difficult for all concerned, they can always throw in enough monkey wrenches to make a settlement of some sort a far more palatable option.

AoD
 

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