News   Jul 03, 2020
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News   Jul 03, 2020
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News   Jul 03, 2020
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Recent content by zot627

  1. zot627

    Rail Deck Park (?, ?, ?)

    I agree with your first point. If the City is serious about building a park here, they have many tools available to them to make it happen. The City owns a lot of surplus land and I'm sure a workable trade could be made if the City was prepared to move forward with Rail Deck Park. Your second...
  2. zot627

    Rail Deck Park (?, ?, ?)

    As I have previously posted, the City has the right to expropriate the airspace at any time. There would be a Hearing of Necessity but the expropriation almost certainly would be approved. According to the law, they have to pay fair market value according to highest and best use for the land. In...
  3. zot627

    Rail Deck Park (?, ?, ?)

    By default the effective date of valuation is the date of registration of the plan of expropriation, unless the parties mutually agree to a different date. It takes three to six months from Council passing a by-law authorizing commencement of expropriation proceedings to register the plan of...
  4. zot627

    Rail Deck Park (?, ?, ?)

    What do you mean by "air rights debacle"? Here are some facts from recent media releases. There are air rights over the rail corridor. The City would like to acquire those air rights for an aspirational park. According to Mayor Tory, the City has apparently not been able to agree on a purchase...
  5. zot627

    Rail Deck Park (?, ?, ?)

    In what way is the status of the air rights ownership contested?
  6. zot627

    Toronto | ORCA Project | ?m | ?s | P.I.T.S. | Safdie & Associates

    You have misread the conclusion. The so called court battle had nothing to do with ownership. The City's OP395 designated the air rights as a public park. The developer's appeal of OP395 was rejected at LPAT "without prejudice" to the developer's LPAT hearing, which will be heard later this...
  7. zot627

    Toronto | ORCA Project | ?m | ?s | P.I.T.S. | Safdie & Associates

    Why would any land owner turn over most of their land to the City and build on a "couple of discrete areas"? Where's the precedent for that?
  8. zot627

    Toronto | ORCA Project | ?m | ?s | P.I.T.S. | Safdie & Associates

    The air rights over the rail corridor were created when CN and TTR sold the rail to GO Transit. They retained strata title above the rail corridor for future development purposes. The air rights came with an easement over the rail lands for structural support and access improvements, along with...
  9. zot627

    Rail Deck Park (?, ?, ?)

    If the City really wanted to acquire the air rights quickly, they could. They can expropriate immediately based on what they think the air rights are worth. The final value will be decided by independent appraisers. They may be concerned that the land may be worth a lot more than they've been...
  10. zot627

    Rail Deck Park (?, ?, ?)

    Paul, there is no fight between developers and the City. The air rights the City needs for Rail Deck Park were purchased by the current owners in December 2013, years before Rail Deck Park was announced. Apparently the City has not been able to acquire the air rights by negotiation, but that's...
  11. zot627

    Rail Deck Park (?, ?, ?)

    https://www.cbc.ca/news/canada/toronto/toronto-rail-deck-park-decision-expropriation-air-rights-city-council-1.5445284 CBC is closer to getting the story right. I like the quote from Brian Johnston "We kind of know what we can pay, and what we want to pay, but it's nowhere near what they think...
  12. zot627

    Rail Deck Park (?, ?, ?)

    The concept drawings are for OPA purposes. It doesn't mean that's what will get built. I'm sure the design will evolve during zoning and site plan. And it does meet Front Street at grade level.
  13. zot627

    Rail Deck Park (?, ?, ?)

    Certainly makes sense to extend the park to the west and add some development to help pay for the deck. With a public-private partnership model, the City could leverage their billions and end up with a much longer/larger park.
  14. zot627

    Rail Deck Park (?, ?, ?)

    Excellent summary. If OPA 395 does not prejudice the private OPA and the panel has determined there is no requirement for the City to purchase the air rights unless the City moves forward with Rail Deck Park, what was the purpose of OP395? The existing OP provided for a range of uses, including...
  15. zot627

    Rail Deck Park (?, ?, ?)

    Sounds like a plan, but a) Oxford doesn't own the air rights in that area and b) how does Oxford make money from a park between Rogers Centre and Spadina? Are you suggesting a mix of development and park?

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