Item - 2025.DM28.2
Tracking Status
- City Council adopted this item on March 26 and 27, 2025 with amendments.
- See also 2025.MM26.6
DM28.2 - Parkland obligations at 25 Fisherville Road - by Councillor James Pasternak, seconded by Councillor Mike Colle
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 6 - York Centre
City Council Decision
City Council on March 26 and 27, 2025, adopted the following:
1. City Council direct that the lands to be used for future public park and a future public street being secured as part of the development of 25 Fisherville Road, 6020 and 6030 Bathurst Street, and 6040 Bathurst Street and 5 Fisherville Road be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development and construction access subject to agreements with the City outlining the insurance requirements, extent of area and use permitted, tree removal and replacement (if any), duration, restoration plan and costs, to the satisfaction of the General Manager, Parks and Recreation and the General Manager, Transportation Services.
2. City Council direct that any consideration to be paid by the owners of the lands known as 25 Fisherville Road, 6020 and 6030 Bathurst Street, and 6040 Bathurst Street and 5 Fisherville Road for the use of the future public park and a future public street in accordance with Part 1 above be nominal.
3. City Council approve the acceptance of the on-site parkland dedications referred to in Part 1 above subject to the owners transferring their respective parkland contributions to the City to the City in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments; and the Owner may propose the exception of encumbrances of tiebacks, if any, where such encroachments are deemed acceptable by the General Manager, Parks and Recreation, in consultation with the City Solicitor; and such encumbrances will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks and Recreation and the Executive Director, Corporate Real Estate Management.
4. City Council authorize the General Manager, Parks and Recreation to enter into the City's standard form agreements, with insurance, release and indemnity and associated compensation to the City (in an amount as determined by the General Manager, Parks and Recreation, and the Executive Director, Corporate Real Estate Management) and in favor of the City, for construction staging, tieback installations and/or crane swings in respect of the future public park, if deemed appropriate by the General Manager, Parks and Recreation.
5. City Council authorize the General Manager, Transportation Services to enter into the City's standard form agreements, with insurance, release and indemnity and associated compensation to the City (in an amount as determined by the General Manager, Parks and Recreation, and the Executive Director, Corporate Real Estate Management) and in favor of the City, for construction access in respect of the future public street, if deemed appropriate by the General Manager, Transportation Services.
6. City Council authorize and direct the necessary City staff to implement the directions of City Council as set out above.
Background Information (City Council)
Communications (City Council)
Motions (City Council)
That City Council delete the Recommendation and adopt instead the following:
1. City Council direct that the lands to be used for future public park and a future public street being secured as part of the development of 25 Fisherville Road, 6020 and 6030 Bathurst Street, and 6040 Bathurst Street and 5 Fisherville Road be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development and construction access subject to agreements with the City outlining the insurance requirements, extent of area and use permitted, tree removal and replacement (if any), duration, restoration plan and costs, to the satisfaction of the General Manager, Parks and Recreation and the General Manager, Transportation Services.
2. City Council direct that any consideration to be paid by the owners of the lands known as 25 Fisherville Road, 6020 and 6030 Bathurst Street, and 6040 Bathurst Street and 5 Fisherville Road for the use of the future public park and a future public street in accordance with Recommendation 1 above be nominal.
3. City Council approve the acceptance of the on-site parkland dedications referred to in Recommendation 1 above subject to the owners transferring their respective parkland contributions to the City to the City in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments; and the Owner may propose the exception of encumbrances of tiebacks, if any, where such encroachments are deemed acceptable by the General Manager, Parks and Recreation, in consultation with the City Solicitor; and such encumbrances will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks and Recreation and the Executive Director, Corporate Real Estate Management.
4. City Council authorize the General Manager, Parks and Recreation to enter into the City's standard form agreements, with insurance, release and indemnity and associated compensation to the City (in an amount as determined by the General Manager, Parks and Recreation, and the Executive Director, Corporate Real Estate Management) and in favor of the City, for construction staging, tieback installations and/or crane swings in respect of the future public park, if deemed appropriate by the General Manager, Parks and Recreation.
5. City Council authorize the General Manager, Transportation Services to enter into the City's standard form agreements, with insurance, release and indemnity and associated compensation to the City (in an amount as determined by the General Manager, Parks and Recreation, and the Executive Director, Corporate Real Estate Management) and in favor of the City, for construction access in respect of the future public street, if deemed appropriate by the General Manager, Transportation Services.
6. City Council authorize and direct the necessary City staff to implement the directions of City Council as set out above.