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St. Clair ruling derails city plans
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| dEsidEL |
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St. Clair ruling derails city plans
Court halts TTC right-of-way strategy
Other key projects may be in jeopardy
KEVIN MCGRAN, GABE GONDA AND PAUL MOLONEY
STAFF REPORTERS
Toronto officials fear their ability to embark on major mass transit projects may be jeopardized in the wake of a court decision that has halted plans to build a streetcar right-of-way on St. Clair Ave. W.
Yesterday, three judges of the Divisional Court released a decision stopping the right-of-way. Backers of the project say it would ease congestion and speed travel along one of the city's major arteries.
The judges' reasons have not been made public but some city officials fear the ruling challenges efforts to put into practice Toronto's 2002 Official Plan. That plan — a blueprint for future development in the city — sits before the Ontario Municipal Board, awaiting approval.
"(It) has big implications around planning applications," said Councillor Joe Mihevc (Ward 21, St. Paul's), who supports the streetcar project. The judges "would raise the issue of whether we've been processing development applications inappropriately for the last year and a half," he said.
The judges gave their decision without releasing their reasons, feeling a need for urgency because construction has begun on the $65 million project.
Last week in court, lawyers for the community group, Save Our St. Clair (SOS), argued that the city violated the Provincial Planning Act by not amending its official plan to allow for "rapid transit" on St. Clair Ave. W. TTC and city lawyers argued the plan did not need to be amended because the St. Clair project was "surface transit improvement."
The judges' decision was touted as a victory for the community. "People should take heart from this," said Margaret Smith, the local resident who led the SOS forces. "You can believe in something and you can fight for something you believe in and you can fight on principle."
The city and TTC have 15 days to appeal and yesterday Mayor David Miller said the city was likely to challenge the decision.
"We accept the decision ... but we need to find out why. This is an important city-building project and it's the kind of project we can do affordably. We can provide much better transit service to neighbourhoods with dedicated busways and dedicated streetcar rights-of-way.
"The TTC's plan, Transit City, is premised on doing initiatives like St. Clair and like the York University busway, so it's unfortunate, and we have to wait for the full copy of the judge's reasons," Miller said.
The decision has many believing other projects listed in the new official plan — which calls for higher densities along major avenues, and bus and streetcar priority throughout the city — won't hold up to legal scrutiny.
"St. Clair may not be the only project the city has assessed under the new official plan, and not under the old official plans," said lawyer Eric Gillespie, who represented the grassroots SOS group. "It is possible depending on the reasons of the court there may be implications for other projects that may not have been assessed under the correct assessing regime."
In court last week Gillespie ripped apart the city's reliance on the 2002 plan as a reason to go ahead with the revitalization of the dilapidated 6.8-kilometre street. The 2002 plan was approved by Toronto in October 2002 — after four years in the making — but has been tied up in disputes at the Ontario Municipal Board on complaints from developers and ratepayers. Pre-hearings have been underway for months, with formal hearings to begin next month.
In court Gillespie argued:
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The city should not have used the 2002 plan because the OMB has not approved it.
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The city should have based its ideas on the 1994 plan that guided the former Metro government.
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The city violated the Planning Act by not amending the '94 plan for the St. Clair project.
"This is just a disaster for the future of Toronto."
Gord Perks, Toronto Environmental Alliance
Last night, a party at a St. Clair restaurant was planned among the victors — a coalition of some residents, worried about the changing nature of their street, and businesses worried about lost business due to less parking.
Smith said the city should have accepted a transit proposal from a local business group that would give streetcars priority and ban left turns in rush hour, but keep all six lanes open for cars at other times.
Supporters of the project were dismayed at the decision.
"It's Cars 1, Liveability zero," said Gord Perks of the Toronto Environmental Alliance. "This is just a disaster for the future of Toronto. We have anywhere from a half a million to a million people coming to this city. We have to be able to move them. We can't build new roads so we can only improve transit.
"It sounds like a small group can hold the city hostage despite overwhelming popular appeal."
Many residents were disappointed the SOS group won. They insisted it was money from people who live outside Toronto that won in court, and not St. Clair residents who were looking forward to an updated street with reliable streetcar service, instead of streetcars being bunched together due to accidents and left-turning cars.
"I just think in every way the ROW (right-of-way) was the right thing for this neighbourhood," said Vid Ingelevics, who campaigned for the project.
"Midtown Toronto has always been a nightmare because of cars, the very thing these people (SOS) want more of. You try to cross St. Clair, you take your life in your hands. It's six lanes of people driving crazy.
"I think it's awful to see this thing stopped in its tracks. I don't understand the paranoia of these people," he added.
"It's just wealthy old people resisting change," said Nik Luka, a lecturer at the University of Toronto. "It really is a kick in the stomach for the working poor who live along the St. Clair. I know people who have been fired because the streetcar is always late."
Nelson Wiseman, professor of political science at U of T, said the decision might give more fodder to those advocating that the city have more autonomy.
"Can't the city do what it wants to do? It points out the city is a very handcuffed jurisdiction," said Wiseman.
Before year's end the province expects to release its plan to give Toronto more power.
During court proceedings last week, the judges seemed to be wrestling with the definitions of "rapid transit," which has specific requirements, and "surface transit improvements;" and whether St. Clair's streetcars would operate on a "dedicated" or "exclusive" right-of-way.
The 1994 Metro Official Plan seemed to contradict itself on the issue, leaving the judges in a "conundrum" as one lawyer put it. Miller said he believed the city could overcome that problem to save the project.
"If it's about that kind of technicality, in the current OMB proceedings with respect to the official plan, we may be able to address that issue," Miller said. "We may have to amend the plan, and we'll certainly consider appealing, but we have to get the full decision first."
The judges ruled the city could go ahead with work to improve the road and repair the streetcar line. Mihevc said bus service will continue and once the streetcar tracks are back in place, streetcar service will resume.
But he said the city won't give up on its idea of giving streetcars priority. "Rumours of this project being dead are grossly exaggerated."
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source:
http://www.thestar.com/NASApp/cs/Co...72154&t=TS_Home
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| amb_ |
| I think I'm going to be sick. |
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| Pettiscool |
| quote: | Originally posted by amb_
I think I'm going to be sick. |
same |
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| Jayx1 |
good...
it was a stupid idea killing parking spaces for businesses.
Build a subway instead if you are serious about transit. |
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| amb_ |
| quote: | Originally posted by Jayx1
good...
it was a stupid idea killing parking spaces for businesses.
Build a subway instead if you are serious about transit. |
No NIMBY speeches here? :p |
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| MarkT |
^^^ my thoughts exactly, lol.
so we're catering to cars instead of improving transit in an area where there is no room to build new roads...brilliant.
people piss and moan about how transit sucks in this city, how cars are so much more convenient due to the time it takes to get places on transit, etc...then an improvement to give transit priority in a high congestion area is developed...and people cheer it's defeat. :rolleyes: |
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| Jayx1 |
| quote: | Originally posted by amb_
No NIMBY speeches here? :p |
this isnt a nimby issue. Its common sense. You dont block parking in front of businesses. Its an instant business killer. Everybody knows this. If they want to clear up congestion there are 2 options.
A) get rid of the streetcars and use busses.
B) get rid of the streetcars and build a subway. St CLair is a perfect candidate for a subway line
The right of way idea is a stopgap solution being used so that it looks like someone is doing something about public transportation when in reality they are doing pretty much nothing.
Maybe the car hating socialist at city hall should actually start spending real money on real transit solutions if they want eveyone to get out of their hated cars. The answer is not to wreck businesses in the process.
If the money isnt there to build it, then we obviously cant be the world class city we claim to be. |
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| malek |
| right of way = reserved lanes? |
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| Jayx1 |
| quote: | Originally posted by malek
right of way = reserved lanes? |
it means a concrete abuttment down the middle of the road similar to spadina. Except that spadina was much wider when it was built. This would eliminate all parking spaces on St Clair as opposed to spadina where parking is still available near many shops. Also most of spadina isnt as business oriented as st clair is except near the top of the street.
Business owners say it will kill a lot of business and they should know best about what affects their business.
As i said, want to get serious about transit? Build subways and get rid of traffic congestion causing streetcars. |
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| Time2Burn |
In the 28 years I have lived off of St. Clair not once have I thought there was a problem with the TTC service. IT wasn't until they started messing with the line - making some spots dedicated - about 15 years ago did service/driving on St. Clair become more difficult.
I never understood this huge expensive project. I fully support TTC improvement/expansion. I understand the need to improve certain routes for future passenger loads. But a dedicated route on St. Clair that would maybe save 5 minutes to the station for me is, has been, and always will be pointless. |
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| St_Andrew |
What's the deal with Toronto politicans? It seems to be a widespread support for a major subway system in the city, yet you have one of the smallest systems in the western world considering how huge Toronto is, just doesn't make a lot of sense :conf:
Or perhaps it is just because there are a lot younger ppl on this board than the average Toronto person? |
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| DigiNut |
| quote: | Originally posted by MarkT
people piss and moan about how transit sucks in this city, how cars are so much more convenient due to the time it takes to get places on transit, etc...then an improvement to give transit priority in a high congestion area is developed...and people cheer it's defeat. :rolleyes: |
Giving streetcars the "right of way" is not improving transit. Improving transit would be getting rid of those damn streetcars and replacing them with buses or subways. Putting those streetcars back in commission was the worst decision that this city ever made.
Leave it to the Star to put their spin on it - that it's "derailing" city plans. What plan? :rolleyes: The whole problem here is that there IS no plan.
| quote: | Originally posted by St_Andrew
What's the deal with Toronto politicans? It seems to be a widespread support for a major subway system in the city, yet you have one of the smallest systems in the western world considering how huge Toronto is, just doesn't make a lot of sense :conf: |
It makes no sense, but subways are expensive to build, so there are only two ways to get it to happen:
1) Get money from higher levels of government (good luck with the money-squandering, Toronto-hating Liberals in charge); or
2) Turn it over to private enterprise (which would get millions of bleeding hearts kicking and screaming)
We need to improve the roads, too, they are also pathetic for a city the size/density of Toronto, but there are the same problems. Just look at the 407 - finally we did something right (the 407 is a great highway!) and all people can do is bitch and moan about how they're always "gouging" and how we should never have allowed it to be run privately. If it hadn't been for that "corporation", it never would have been built at all!
But no, every road should be free or dirt cheap here, just like everything else should be free here. :rolleyes: Never mind that virtually every other big city on the planet has MANY toll roads. |
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