from the recent posted pdf.
From the city planning
final report – 16 york street (railway lands block 9)
phasing
the applicant intends to construct the development in three phases as follows:
Phase 1 phase 2 phase 3
location west east north
type residential residential office
height 55 storey, 186 m 65 storey, 216 m 31 storey, 158 m
apartments 578 687 0
parking 467, 5 autoshare 131, 598 total 304
staff recommend a section 16 clause to ensure the appropriate phasing of the
development which includes parking supply below grade and at grade during the
construction of each phase.
Legal staff advise that in the absence
of compelling planning reasons to link the construction of the residential and nonresidential
portions of the site there is no generally recognized legal mechanism for the
municipality to ensure the erection of the non-residential building. This is certainly true
staff report for action – final report – 16 york street (railway lands block 9) 16
in the absence of conditional zoning powers at this time under the planning act. It is
noted that the applicant has not agreed to phasing restrictions involving the office
building and advises that condominium sales permit the financing and construction start
of the 55 storey west residential tower in 2009. Legal staff have reviewed the restrictive
covenant and advise that while it may not be free from legal attack over time, it could
most effectively be contained as a provision of the agreement under s. 16 of the city of
toronto act which allows generally for agreements pertaining to the development of land
in the railway lands
provincial
