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Rail Deck Park (?, ?, ?)

Here we go. The developers have filed their development proposal with the City. After the 120 day waiting period, they will file their appeal to the OMB. The design that is presented in the OMB appeal will be down to 10 acres of parkland, and the number of condo units and square feet of retail will be much larger. De novo, you know.

Let the fun begin.

- Paul

PS - In the City's database, the Application is number 17 164359 STE 20 OZ

Submitted May 23, 2017, Address 433 Front St West
 
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Is it just my understanding or the city basically stole the developers' idea? Tory is delusional if he thinks any government will ever fund his plan. Yes, the ORCA plan proposes a small park, but at 12 acres it's still respectable and essentially at no cost to the city!!
 
Isn't this the best case scenario for Tory et al?

The park actually gets built and he can claim victory, having pre-empted the idea and made a huge deal of it, and gets to shove it in the face of Mammoliti and crew because he didn't have to spend $1B of taxpayer money on it?

99.8% of people in the city would have no idea there was any divergence between what the city's "original" idea was and what it could wind up being through this consortium.
 
All ORCA have to do is provide clear title to the deeds. They can't, they won't, there will be no case before the OMB, not to mention it's not a matter for the OMB. It's a matter for the Superior Court. The land is deeded by Provincial Statute. If at any time, the City had sold deeds to private interests (which would really be a case before the courts, as the legality of doing such is questionable from what I can fathom legally) then it would be a simple matter for ORCA to produce those deeds, and any subsequent air rights that pertain.

They won't. They can't.
Ontario Municipal Board Act, R.S.O. 1990, c. O.28
[...]General jurisdiction and powers
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37.The Board has jurisdiction and power,

(a) to hear and determine all applications made, proceedings instituted and matters brought before it under this Act or any other general or special Act and for such purpose to make such orders, rules and regulations, give such directions, issue such certificates and otherwise do and perform all such acts, matters, deeds and things, as may be necessary or incidental to the exercise of the powers conferred upon the Board under such Act;
[...]
Where Board’s approval not given
40.Where by this or any other general or special Act the permission, approval or sanction of the Board is necessary to the exercise of any power or the doing, or the abstention from doing or continuing to do any act, matter, deed or thing, such power shall not be exercised or act, matter, deed or thing be done or abstained from being done or be continued until such permission, approval or sanction has been obtained. R.S.O. 1990, c. O.28, s. 40.
[...]
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https://www.ontario.ca/laws/statute/90o28

I truly hope this does end up before Superior Court, as what appears to be happening is the most recent in a string of 'grabs' of City ownership, let alone jurisdiction.

My real question is: Once the Court rules on this, will they also extend their ruling to the apparent litany of other land grabs before this one?
 
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The Star article says that the developer believes that their required contribution by law is actually only 4 acres, which sounds about right. The remaining 8 acres only happen if the City coughs up money (amount unspecified) to buy it. If the City doesn't have enough money, the park will be much smaller. I'm sure the developer isn't thinking of giving the remaining 8 acres away for a song.

That balance of park and development does sound about right. It's likely within the City's means, and I am under no illusions that the City can afford or claim title to the entire lands. But Mr Tory does seem to talk like he is determined to fight for the whole tract as a downtown park. (Just like Smarttrack was going to be a whole new railway to Mississauga.) There are lots of ways that a clever politician can make a strategic retreat and sound like he's achieved a great victory. I'm just not confident that Tory is that slick.

When you are in a hole, the first step to recovery is to stop digging. Tory doesn't get that.

- Paul
 
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I can't believe that our idiot mayor wants to waste $1,000,000,000 on a park when public transit and public housing are both begging for funding.
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Except he doesn't. Most of the money would come from money that is allotted to, and can only be used for new city parkland.
 
The most recent report to Executive Committee on the status of the Reserve Fund for Parkland Acquisition, which was submitted a couple of months back, stated that the City has about $148M in reserve for parkland acquisition. Revenues for 2017-2021 would add another $ 196M city wide.

If that entire amount were spent on the rail park - and that would be unlikely, considering the funds are raised city wide and the rest of the city might have some druthers for the money - how much would it buy?

- Paul
 
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