CITY CLERK. (City Council at its Special Meeting held on July 30, 31 and August 1, 2002, amended this Clause:

Transcription

1 CITY CLERK Clause embodied in Report No. 9 of the, as adopted by the Council of the City of Toronto at its Special Meeting held on July 30, 31 and August 1, Steeles Avenue East/CN Rail Grade Separation Near Kennedy Road - Review of Findings of Class Environmental Assessment (Ward 39 - Scarborough Agincourt) (City Council at its Special Meeting held on July 30, 31 and August 1, 2002, amended this Clause: (1) to provide that this project be conditional on York Region contributing at least 50 percent of the costs involved; and (2) by adding thereto the following: It is further recommended that the Region of Durham be approached and requested to consider making a contribution to this project. ) The recommends: (1) the approval of the underpass option for the Steeles Avenue East/CN Rail Grade Separation, conditional upon the execution of agreements with directly affected property owners to limit the City s exposure to injurious affection claims; (2) that the construction of the underpass be undertaken following a proper budgetary process after consultation with local affected property owners; (3) that the Commissioner of Works and Emergency Services be authorized to retain the firm of R.V. Anderson Associates Limited to carry out an addendum to the approved 1994 Environmental Study Report at a cost not to exceed $50,000; (4) that the Commissioner of Works and Emergency Services be instructed to negotiate the immediate installation of a traffic signal to service the Canadian Tire store at its current eastern access, provided that the installation and operation of the traffic signal is at Canadian Tire s expense, the traffic location and operation meets appropriate traffic engineering standards, and the traffic signal will remain in place only until the grade separation is constructed; and (5) that Transportation Services staff be requested to consult with the Water and Wastewater Services Division on a preferred option for the management of water and wastewater.

2 2 The submits the following communication (June 5, 2002) from the City Clerk, Scarborough Community Council: Recommendation: The Scarborough Community Council reports having resolved that: (1) the be advised that the Scarborough Community Council s preference for any future construction for the Steeles Avenue East/CN Rail Grade Separation be the underpass design, having regard for the findings summarized in the joint reports, dated March 25 and May 24, 2002, appended hereto, which refer to the economic development impact on the surrounding area and the life-cycle cost impact of the two options; (2) the Commissioner of Economic Development, Culture and Tourism, be requested to report to the, at its meeting on June 25, 2002, on the economic impact of taking no action or deferring a grade separation; and (3) the Commissioner of Works and Emergency Services be requested to update the Works Committee at its meeting on June 25, 2002, on the potential injurious affection impact of an underpass versus an overpass. A motion by Councillor Kelly, that the Community Council recommend to the Works Committee that this matter be deferred sine die, was not carried. Background: The Scarborough Community Council, at its meeting held on June 4, 2002, had before it: (a) (b) (c) a communication, dated October 17, 2001, from the City Clerk () advising that the, at its meeting on October 17, 2001, referred the report, dated October 3, 2001, from the Commissioner of Works and Emergency Services respecting the review of the 1994 Steeles Avenue East/CN Rail Grade Separation Class Environmental Assessment, to the Scarborough Community Council for consideration of the business impact of the grade separation, with a request that staff of the Economic Development, Culture and Tourism Department be in attendance at that time; joint report, dated May 24, 2002, from the Director of Transportation Infrastructure Management and the Director of Transportation Services, District 4, responding to Community Council s request for a further report on the life-cycle cost comparisons between an underpass versus an overpass, and recommending that this report be received for information; and joint report, dated March 25, 2002, from the Commissioner of Economic Development, Culture and Tourism, the Acting Director, Transportation Infrastructure Management, and the Director of Community Planning, East District, responding to Community Council s request for further information respecting the economic impact on businesses in the area surrounding the grade separation, and other matters.

3 3 The Scarborough Community Council also had before it the following communications, a copy of which is appended hereto: - (August 16, 2001) from David B. Richardson, Marshall Macklin Monaghan Limited, respecting issues affecting his client, Canadian Tire Corporation; - (December 3, 2001) from Rick G. Link, the Bank of Nova Scotia, respecting issues affecting a branch of The Bank of Nova Scotia in the area; - (December 19, 2001) from Frederick A. Yack, Barrister & Solicitor, on behalf of Nova Depot Corporation, respecting issues affecting his clients, Business Depot and The Bank of Nova Scotia; and - (June 4, 2002) from Stanley Makuch, Barrister and Solicitor, on behalf of Canadian Tire Real Estate Limited, requesting that Community Council: (a) state its preference, in principle, for an underpass as the means of implementing a grade separation; and (b) defer indefinitely the decision to commence construction. The following persons appeared before the Community Council in connection with the foregoing matter: - Stanley Makuch, Barrister and Solicitor, on behalf of Canadian Tire Real Estate Limited; - David B. Richardson, Marshall Macklin Monaghan Limited, on behalf of Canadian Tire Real Estate Limited; and - Bruce McMinn, Solicitor representing Alpha Star Corporation. Recommendation: (Communication dated October 17, 2001, addressed to the Scarborough Community Council from the City Clerk) The at its meeting on October 17, 2001, referred the report dated October 3, 2001, from the Commissioner of Works and Emergency Services respecting the review of the 1994 Steeles Avenue East/CN Rail Grade Separation Class Environmental Assessment, to the Scarborough Community Council for consideration of the business impact of the grade separation, with a request that staff of the Economic Development, Culture and Tourism Department be in attendance at that time.

4 4 Purpose: (Report dated October 3, 2001, addressed to the from the Commissioner of Works and Emergency Services) The purpose of this report is to summarize the technical findings and public consultation related to the review of the 1994 Steeles Avenue East/CN Rail Grade Separation Class Environmental Assesesment. Financial Implications and Impact Statement: The estimated capital cost for the approved overpass option for the Steeles Avenue East Grade Separation project is $20,000, This cost includes property acquisition, installation of traffic control signals, road modifications, and construction of a structure to carry road traffic on Steeles Avenue East over the former CN Rail Uxbridge Line east of Kennedy Road. Funding for this project is not currently allocated in the Transportation Services Division five-year Capital Works Program. Funding has been identified in the Division s preliminary ten-year capital forecast. Recommendation: It is recommended that the overpass design for the Steeles Avenue East/CN Uxbridge grade separation, as described in the approved 1994 Environmental Study Report (ESR), be confirmed as the preferred design. Background: The grade separation of Steeles Avenue East and the former CN Uxbridge rail line, located approximately 400 metres east of Kennedy Road, has been planned for over two decades with the original functional planning taking place in the early 1980s (this rail line was recently purchased by GO Transit). The rationale for the grade separation is to mitigate the potential safety hazard due to high traffic and train volumes at the existing road/rail intersection. The National Transportation Agency (NTA) measures this safety hazard with an indicator called the exposure index. The exposure index is the product of the number of trains crossing the road per day and the average annual daily traffic (AADT) on the road. A grade separation should be considered when the exposure index reaches or exceeds a minimum threshold of 200,000. The higher the index, the greater the potential for a train/vehicle collision. In 1992, the former Municipality of Metropolitan Toronto initiated a Class Environmental Assessment Study (Class EA) to review alternatives for a grade separation of Steeles Avenue East at the CN Uxbridge rail line. At that time, the exposure index at this location was approximately 244,000. Through the Class EA process, an overpass design was recommended as the preferred alternative for the grade separation. The findings and recommendations were documented in an Environmental Study Report that was subsequently filed on public record and approved in In 1994, this grade separation project was included in the Strategic Transportation Improvements Program (STIP). STIP was an infrastructure-based funding

5 5 program among the three levels of government which provided for equal sharing of construction costs. Property acquisition costs were to be borne by the municipality. Detailed design and property acquisition began after approval of the ESR, and construction was targeted for However, in August 1996, Metro Council deferred the construction of the grade separation due to: - STIP not covering property costs; - potential reduction in usage of the rail line; and - questions from adjacent property owners regarding the design. In deferring construction, Metro Council requested that staff reassess the underpass option and, if necessary, prepare an Addendum to the Class EA recommending an underpass design. At that time, the detailed design of the overpass was approximately 90 percent complete when it was put on hold. Between 1997 and 2000, staff reviewed the findings of the ESR with a focus on the feasibility of an underpass design for the proposed grade separation. An underpass option was initially considered during the Class EA Study but screened out because the land uses on both sides of the main rail line made a rail detour difficult and costly to construct. The rail detour is a critical element for any underpass design. By late 1997, however, changes in the land use on the east side of the rail line allowed for the protection of a possible and temporary rail detour, and thus made an underpass alternative more viable. In addition, two major property owners, Market Village and Canadian Tire, indicated that they preferred an underpass option, and might waive any injurious affection or business loss claims if an underpass option was chosen. Comments: In mid-2000, staff completed their reassessment of the underpass alternative and concluded that there were no clear advantages with the underpass design that would justify spending approximately an additional $6,000, for its construction and property requirements. This cost differential could be reduced if major property owners were to waive any injurious affection or business loss claims. Subsequently, staff met with the transportation engineering consultants retained by Market Village and Canadian Tire. At that meeting, the consultants indicated they could provide technical documentation supporting capital cost savings for an underpass design and assurances from Market Village, Canadian Tire and possibly Alpha Star Corporation that they would not file injurious affection or business loss claims respecting an underpass design. They indicated this information would show that costs associated with an underpass design would be similar to or less than those associated with an overpass design. To date, the only document that has been submitted by the consultants is a workplan that outlined the property owner consultation, technical review and analyses that were proposed to be completed by December The consultants have not submitted any information that confirms that an underpass design is a more cost-effective alternative than an overpass design.

6 6 There are two reasons to finalize this Study at this time. The first is to bring certainty to the planning context for this area. From the time when the original functional planning for this grade separation took place in the early 1980s to the preparation of this report, this area has experienced, and will continue to experience, tremendous development growth. With Council s endorsement of the proposed overpass design, staff would be in a better position to review and provide comments (such as access requirements and protection of property) on applications submitted for redevelopment of lands within this vicinity. As an example, because of the uncertainty of whether an underpass or overpass option would be ultimately selected, staff placed a development restriction on a portion of a property located on the south side of Steeles Avenue (owned by Alpha Star Corporation), adjacent to the CN Uxbridge rail line, when an application for the redevelopment of that property was submitted. This restriction allows for the construction of a temporary rail detour in the event an underpass option is selected for the proposed grade separation. These types of restrictions, although necessary to protect the City's interests, could result in buildings potentially not being sited properly from a planning and/or urban design perspective. In proceeding with the overpass design, staff would also be in a better position to identify potential improvements, in addition to the proposed grade separation, needed on Steeles Avenue East to mitigate any existing or future operational issues such as vehicular turning movement conflicts. The second reason to finalize this Study relates to increased potential for collisions between vehicles and trains. The exposure index at this location has increased since 1994 when the Class EA Study was approved. This increase is due to background and development growth in this area and the surrounding municipalities. A May 31, 2000 staff report, which outlined a review of the locations of existing at-grade crossings in the City of Toronto and their exposure index, indicated that the exposure index at this location ranked sixth among the roughly 44 at-grade crossings in the City. With the subsequent and future potential for increased GO train movements on this line, the risk for vehicle/train collisions has and will increase over time. Final approval of the design concept would permit the City to react swiftly to implement the grade separation once funding becomes available. Existing Transportation Network: Steeles Avenue East is a major east-west arterial road that forms the northern boundary of the City of Toronto. Between Kennedy Road and the former CN Uxbridge rail line, Steeles Avenue East is a six-lane road with turning lanes that narrows down to four lanes with turning lanes as it approaches the former CN Uxbridge rail line. This rail line crosses Steeles Avenue East at a point approximately 400 metres east of Kennedy Road. Kennedy Road is a major north-south arterial road with four lanes and turning lanes in this vicinity. The City has jurisdiction of Kennedy Road, south of Steeles Avenue East. The intersection of Kennedy Road and Steeles Avenue East is signalized. Redlea Avenue is a local north-south industrial road that provides access to Steeles Avenue East for some of the businesses located in the southeast quadrant of the intersection of Steeles Avenue

7 7 East and Kennedy Road. Redlea Avenue intersects with Steeles Avenue East on the south side at approximately 140 metres east of Kennedy Road. Silver Star Boulevard is a north-south road that connects Passmore Avenue to Steeles Avenue East. Silver Star Boulevard intersects with Steeles Avenue East on the south side at approximately 200 metres east of the former CN Uxbridge rail line. Silver Star Boulevard becomes Old Kennedy Road north of Steeles Avenue East. Turff Avenue is a local north-south road that intersects with Steeles Avenue East at approximately 470 metres east of Kennedy Road. Turff Avenue is under the jurisdiction of the Town of Markham. A plan showing the transportation network in this area is attached to this report as Figure 1. Existing Land Use and Access: The properties along Steeles Avenue East in this vicinity are primarily commercial and office land uses. There are three combined retail properties located on the north side of Steeles Avenue East, between Kennedy Road and the former CN Uxbridge rail line. These properties are known as Pacific Mall, Market Village and Kennedy-Steeles Developments. They have a shared access on Steeles Avenue East, approximately 170 metres east of Kennedy Road. In addition, the properties also have direct access on Kennedy Road, north of Steeles Avenue East, and a supplementary access on Steeles Avenue East located approximately 150 metres east of the shared access. There are also two auto body shops located on the north side of Steeles Avenue East. The first, at 4440 Steeles Avenue East, is located between the former CN Uxbridge rail line and Turff Avenue. The second, at 4458 Steeles Avenue East, is located in the northeast corner of Steeles Avenue East and Turff Avenue. Both of these auto body shops have existing and separate accesses on Steeles Avenue East. On the south side of Steeles Avenue East in this vicinity, there is a medical office building located at 4631 Steeles Avenue East that has driveways on both Steeles Avenue East and Redlea Avenue. This medical office building is approximately 30 metres east of Redlea Avenue. A Canadian Tire Store with a gas bar is also situated on the south side of Steeles Avenue East between the medical office building and the former CN Uxbridge rail line. The Canadian Tire store presently has two driveways on Steeles Avenue East. The property on the south side of Steeles Avenue East, between the former CN Uxbridge rail line and Silver Star Boulevard, is owned by Alpha Star Corporation. Alpha Star also owns the property at the southeast quadrant of the intersection of Steeles Avenue East and Silver Star Boulevard. These properties have recently been granted site plan approval for retail development and are being constructed and occupied.

8 8 GO Transit: A GO Transit train station is located on the north side of Steeles Avenue East at the former CN Uxbridge rail line. The platform is currently located on the east side of the rail right-of-way. GO Transit have plans to relocate this station to the south side of Steeles Avenue East within five years. One reason for reconsidering the overpass option was the potential reduction in use of the rail line by both GO Transit and CN Rail. Usage of the tracks has in fact increased since 1997 as there are now eight GO Transit trains plus an average of two freight trains per day using this rail line. Using a 2000 traffic count showing 39,000 vehicles travelling daily along this section of Steeles Avenue East and ten train crossings daily, the exposure index for this level crossing has increased to 390,000. On this basis, the grade separation of the CN Rail line and Steeles Avenue East is still warranted. Impacts of the Approved Overpass Design: The overpass design, as approved through the Class EA process, is attached to this report as Figure 2. The major impact of the overpass design is a loss of some or all direct access to Steeles Avenue East for all of the properties listed above, except for those owned by Alpha Star Corporation. Market Village and Pacific Mall maintain their shared access. Canadian Tire and the medical office building will access Steeles Avenue East via driveway connections to Redlea Avenue. As mentioned above, Alpha Star Corporation has obtained site plan approval for development of their site, with a driveway access onto Steeles Avenue East. They have been informed, however, that the driveway must be considered a temporary access, and that in the eventuality that the grade separation is constructed, their only access will be from Silver Star Boulevard. The overpass design recommended that Redlea Avenue be relocated to the east to form a fourleg intersection with the shared access for Pacific Mall and Market Village. On the east side of the rail corridor, Turff Avenue will be made into a cul-de-sac. The auto body shop on the north side of Steeles Avenue East, between the rail line and Turff Avenue, is proposed to have access to Steeles Avenue East via Thelma Avenue and Old Kennedy Road. Development of Alternatives for the Underpass Design: As directed by Metro Council in 1996, staff reassessed the feasibility of the underpass alternative. This reassessment consisted of the following three stages: - Stage 1: Development and analysis of underpass alternatives; - Stage 2: Evaluation of the preferred underpass alternative against the approved overpass design; and - Stage 3: Consultation with directly affected property owners and re-evaluation of the findings of Stage 2 based upon the property owner s comments and concerns. The first stage of the process comprised the development and evaluation of three alternative underpass designs. All three designs maintained the same basic geometric design criteria but

9 9 each proposed different accesses for the properties located on the west of the rail line on either side of Steeles Avenue East. Alternative 1 for the underpass design proposes a right-in/right-out at the existing westerly access, and a right-in at the existing easterly access to the Canadian Tire store. Alternative 2 for the underpass design proposes a right-in/right-out at the existing westerly access, and a right-in and left-in at the existing easterly access to Canadian Tire. Alternative 3 for the underpass design alternative proposes a right-in/right-out at the westerly access, and a right-in and left-in access at the existing easterly driveway of Canadian Tire. This alternative also proposes a left-in, right-in and right-out access at a new entrance to Market Village. An intersection capacity and storage analysis was performed for the various three alternatives. Based on the results of that analysis, the preferred alternative for the underpass design is Alternative 2. Alternative 3 was not selected as the preferred alternative because it would not be able to provide adequate storage for eastbound traffic turning left into Market Village. Alternative 2 for the underpass design is attached to this report as Figure 3. Under this alternative, Steeles Avenue East would cross under the rail bridge. A pier in the centre of the road would be required to support the structure. A pumping station to drain storm run-off from the road would also be required and is proposed on the north side of Steeles Avenue. The existing shared access on Steeles Avenue East for Pacific Mall and Market Village would remain. Market Village s secondary access on Steeles Avenue East would, however, be closed. The Canadian Tire store and the medical office building would maintain their existing access on Steeles Avenue East. In order to construct the underpass, the existing rail line would need to be temporarily detoured onto a portion of the properties immediately east of the rail corridor both north and south of Steeles Avenue East. As part of this alternative, Turff Avenue is proposed to be converted to a cul-de-sac, and access to the auto body shops on the north side of Steeles Avenue East is proposed via Thelma Avenue and Old Kennedy Road. The second stage of the reassessment compared the preferred alternative for the underpass option with the approved overpass design. This comparison was based strictly on technical considerations that included: - construction feasibility and cost; - property requirements; - traffic operations; - safety considerations; - disruption to municipal services; and - impacts to the rail line.

10 10 When compared with an overpass, advantages of an underpass option include: - reduced visual impact from the properties; - less steep road grades; - improved access to the Canadian Tire property; and - a potential reduction in injurious affection or business loss claims from Canadian Tire and Market Village. When compared to an underpass, advantages of an overpass option include: - a 33 percent reduction in design and construction cost (approximately $5.0 million); - a reduction in property requirements and property acquisition costs; - better visibility onto the properties for passing road users; - removal of the requirement for the rail detour; - removal of the requirement to relocate and restore a nearby GO station; - less disruption to municipal services (including a 1350 mm watermain which would need to be lowered for construction of an underpass); and - a potential reduction in injurious affection or business loss claims from Pacific Mall and Alpha Star Corporation. A summary of the advantages and disadvantages of the underpass and overpass alternatives is contained in the attached Appendix A. The third stage of the reassessment involved meeting with directly affected property owners. This consultation occurred after an initial assessment of the preferred option was made, based on a technical comparison of the underpass and overpass options. As the concerns raised by local property owners were one of the factors in the decision to review the findings of the approved Class EA Study, property owner involvement was an integral part of staff s reassessment. The comments and concerns of the property owners were used to re-evaluate the findings of Stage 2 of this reassessment. The property owners contacted were those for whom the underpass and overpass options would have direct and different impacts on their respective properties. At the meetings, the overpass and underpass options were presented with a preliminary summary of the advantages and disadvantages for each option, and the property owners were requested to provide comments. The findings were also discussed with staff from the Town of Markham, York Region, and GO Transit. Both the Town of Markham and York Region expressed a preference for the overpass option, although the Town of Markham was concerned about the access to Market Village. GO Transit has expressed a preference for an underpass, as salt and water spray from an overpass might affect passengers standing on the GO platform. The directly affected property owners are shown on the attached underpass and overpass plans. The property owners that Transportation Services Division staff contacted include: - Market Village; - Pacific Mall; - Canadian Tire Realty Inc.; - Alpha Star Corporation;

11 11 - the owner of 4458 Steeles Avenue East; - the owner of 4440 Steeles Avenue East; and - the owner of the medical building at 4631 Steeles Avenue East. To date, six of the seven property owners have met with Transportation Services Division staff. The owner of 4440 Steeles Avenue East, immediately adjacent to the east side of the rail corridor and north of Steeles Avenue East, has not met with staff. Individual meetings with each of the other property owners took place between June 16 and July 28, The property owners are split in their preference for either the underpass or the overpass option. Throughout the meetings a variety of valuable input was received from the local property owners. Appendix B identifies the types of comments and concerns that were raised by the various property owners, and indicates which property owners raised them. A brief discussion of the main concerns and how they could be addressed is provided in the following paragraphs. Impacts on access to Market Village and Canadian Tire: These concerns will be mitigated by the signalization of the intersection of Steeles Avenue East and Redlea Avenue, the provision of a driveway access from Redlea Avenue to the Canadian Tire property, and the possible widening to three lanes of the shared Market Village/Pacific Mall driveway. Visibility impacts of the grade separation: These impacts can be taken to be beneficial or detrimental. There may be a detrimental impact due to the presence of a large structure visible from the various properties. There may be a beneficial impact from the view into the properties by vehicles travelling over an overpass. There may be a detrimental effect from the lack of visibility into the properties if vehicles are travelling through an underpass. These impacts may be mitigated by provision of adequate signage. Ability of Steeles Avenue East to accommodate increasing traffic demands in the area: The approved overpass design includes the widening of Steeles Avenue East to six lanes between Kennedy Road and Midland Avenue. This, combined with the removal of any train delays with the provision of the grade separation, will accommodate projected future increases in traffic volumes in the immediate area. Impacts on redevelopment of the Canadian Tire site: Canadian Tire has been pursuing plans to purchase the property immediately south of the existing store and redevelop the combined site. Their proposal is most feasible with the underpass option. Canadian Tire has stated a strong preference for the underpass option, but is currently reviewing their site plans to determine whether the redevelopment is feasible with the overpass option.

12 12 Summary and Conclusions: This report has been prepared to review the findings of the 1994 Class Environmental Assessment Study for the Steeles Avenue East/CN Uxbridge rail grade separation, and more specifically, to outline staff s reassessment of the underpass alternative. This reassessment included developing and evaluating underpass design alternatives; a comparison of advantages and disadvantages of an overpass design and an underpass design; and a consultation program involving directly affected property owners. Both the underpass and overpass alternatives are similar from a transportation services perspective. The main benefit of the overpass alternative is a reduction in the cost for both construction and property acquisition. The detailed design for the overpass alternative is almost complete. The main benefit of the underpass option is that it allows the existing accesses to the properties on the north and south side of Steeles Avenue East to remain. Overall, from a technical perspective, either option would provide the safety benefits of grade separating the road and rail line and both provide approximately equal transportation benefits. The difference between the two options comes down to total project cost. It is estimated that the overpass alternative would cost approximately $6.0 million less than the underpass alternative. The results of the consultation program revealed that the property owners are split in their preference for either an underpass or an overpass. Two major property owners, Market Village and Canadian Tire, have indicated through their engineering consultants that they might waive any injurious affection or business loss claims if an underpass design is chosen. However, there is the potential for these types of claims with either grade separation design. On the basis of this information, it is recommended that the approved overpass design for the Steeles Avenue East/CN Uxbridge Grade Separation be programmed for construction when funding permits. Contact: John P. Kelly, P. Eng. Manager, Infrastructure Planning Transportation Services Division Tel: (416) Fax: (416) jkelly@city.toronto.on.ca List of Attachments: Appendix A: Appendix B: Figure 1: Figure 2: Figure 3: Summary of Main Advantages and Disadvantages Summary of Property Owner Comments and Concerns Steeles Avenue Grade Separation Study Area Road Overpass Preliminary Design Plan Road Underpass Preliminary Design Plan

13 13 Appendix A Summary of Main Advantages and Disadvantages Issue Underpass Overpass Steeles Avenue Lane Configuration Access from Steeles Avenue to Properties Property Road Detour During Construction Rail Detour GO Transit Station Municipal Services Road Capacity Storm Drainage Visual Impact Estimated Design and Construction Costs Estimated Property Cost Estimated Total Cost Same for both options. Additional access to Canadian Tire from Steeles for underpass. Approximately 2,500 m 2 more property is required for underpass, plus more temporary easements during construction. Detour on north side of Steeles Avenue. Rail detour required on east side of railway tracks. Requires temporary relocation due to rail detour mm watermain requires relocation and lowering. Both provide same Level of Service to traffic. Pumping Station required to drain underpass. Less than for overpass. $15,000, $11,000, $26,000, Same for both options. No access to Canadian Tire from Steeles for overpass. Less property is required than for underpass. Detour on north side of Steeles Avenue. No rail detour. Ticket booth requires relocation and platform temporarily extended to the north mm watermain does not require relocation or lowering. Both provide same Level of Service to traffic. No pumping station required all drainage by gravity flow. More visual impact than underpass. $10, $10,000, $20,000,000.00

14 14 Appendix B Summary of Property Owner Comments and Concerns Pacific Mall Market Village 4440 Steeles 4458 Steeles Medical Building Canadian Tire Alpha Star Visibility n/a Access (to other sites) n/a Access (to their property) Request improved access n/a n/a Traffic Operations n/a Impacts on Business (after construction) Impacts on Business (during construction) Canadian Tire Redevelopment Property requirements (quantity) Property requirements (fair market value) Propose different grade separation alternative n/a n/a n/a n/a n/a n/a Preferred Option Over pass Under pass n/a Over pass Under pass Under pass None stated

15 15 Purpose: (Joint Report dated March 25, 2002, addressed to the Scarborough Community Council from the Commissioner of Economic Development, Culture and Tourism, Acting Director, Transportation Infrastructure Management, and Director of Community Planning, East District) To summarize and review the economic physical and taxation issues related to construction of an underpass/overpass on Steeles Avenue East between Kennedy Road and Midland Avenue. Financial Implications and Impact Statement: There are no direct financial implications related to the adoption of this report. Recommendation: It is recommended that the report be received for information. Background: The Scarborough Community Council, at its meeting held November 20, 2001, deferred consideration of the report dated October 3, 2001, from the Commissioner of Works and Emergency Services to the respecting the Steeles Avenue East/CN Rail grade separation east of Kennedy Road. The report discussed the rationale for the grade separation and the need to mitigate the potential safety hazard due to high traffic and train volumes. The report reviewed the existing transportation network, existing land uses and access, the siting of the GO Transit Station, as well as impacts resulting from an overpass design versus an underpass design. Further, the report discussed visibility impacts of the grade separation, increasing traffic demands in the area and impacts on potential redevelopment of affected sites. On November 20, 2001, Scarborough Community Council requested the Commissioners of Economic Development, Culture and Tourism, Works and Emergency Services and Urban Development Services, in consultation with the City Solicitor and the Chief Financial Officer and Treasurer, to report back on such matters as: (i) (ii) (iii) (iv) the economic impact on business in the area with respect to potential loss of commerce/decrease in land value, et cetera; the assessment and taxation impact; the planning impact of the larger commercial area on future development; the status of the agreement with York Region for Steeles Avenue;

16 16 (v) (vi) the request from Markham Council for a traffic signal at Redlea Avenue and whether this request would comply with the separation distance criteria of the City of Toronto; and the safety assessment of the grade separation with respect to train volumes and speeds. Subsequent to the November 20, 2001 Scarborough Community Council meeting, Councillor Bas Balkissoon (Scarborough-Rouge River) requested staff to review and compare maintenance and rehabilitation costs between an underpass structure and an overpass structure. Comments: (i) The economic impact on local business: It is possible that four properties in the City of Toronto fronting on the south side of Steeles Avenue East, east of Kennedy Road (see Figure 1) may be impacted by the grade separation because of changes in accessibility and visibility. For the most part, these properties are commercial enterprises or have permissions for commercial uses and benefit from access to and visibility from Steeles Avenue. An underpass would likely have less of an impact on the visibility and accessibility attributes than would an overpass. Figure 1: Properties Impacted by Steeles Avenue East Grade Separation Showing the Proposed Silver Star Blvd. Alignment. 1 Office Building. 2 Canadian Tire. 3 Business Depot. 4 Alpha Star

17 17 In addition to visibility, direct access to Steeles Avenue for a retail business is deemed to have a positive economic impact on its operations. As outlined in the report from the Commissioner of Works and Emergency Services, construction of an overpass will result in the loss of direct vehicular access to Steeles Avenue from the abutting properties although they would still have access via intersecting roads. Significant mitigation of this impact can be achieved for property number two and for the property opposite it on the north side in the Town of Markham, through the construction of an underpass that will be shorter in overall length and which might afford an opportunity for right-in-only access to property number two. Properties one, three and four are impacted equally from the standpoint of access with either option. The City Solicitor advises that in either case, the City could face claims for compensation for injurious affection under the Expropriations Act. Injurious affection covers two different types of claims. Where land has been expropriated, the municipality is responsible to compensate the owner (which may include tenants) for any loss in market value to the remaining lands as well as any personal or business damages resulting from the construction and use of the municipal project for which the lands were expropriated. Where no land is taken, a claim can still be made for injurious affection but it is limited to personal or business damages only (no reduction in market value) occasioned as a result of the construction (not use) of a municipal project. The onus in this type of claim is on the claimant to prove that the municipality has unreasonably interfered with the owner s property rights. Without specific details as to the nature of the businesses or other owners affected by the two options, it is very difficult to anticipate and quantify these types of claims. As a general rule, claims are more limited and less likely to succeed if lands are not expropriated for the project. However, it is also necessary to examine the extent of the construction impacts resulting from either option in order to fully assess the risk of liability for injurious affection claims. In most instances, property acquisition, including claims for injurious affection, are settled by mutual agreement without resorting to expropriation. Economic Development staff, in association with staff from Corporate Services Facilities and Real Estate, met to discuss possible injurious affection issues on properties impacted by the grade separation. It is possible that an underpass would necessitate some small acquisition of limited property interests because of the need to construct retaining walls. With regard to an overpass, some property owners have already made allowances for the new grade separation. Again, some minor property acquisition could be required. Depending on the extent of the impact to individual properties where land is expropriated, claims could be made for reduction in market value, injurious affection as well as damages. To quantify a reduction in market value, loss of visibility or reduced access to Steeles Avenue would be factors to be considered. However, such mitigating factors as an improved new signalized intersection at Redlea Avenue and Steeles Avenue which will improve traffic flows, might offset some or all of the injurious affection claims by owners/businesses. The injurious affect of a grade separation on individual businesses is difficult to assess and claims are usually made only after property owners can provide evidence of business loss.

18 18 (ii) Assessment and Taxation Issues: The potential impact of a grade separation on the City of Toronto's annual municipal taxes will likely be modest. It is the opinion of staff that only the four subject properties on Steeles Avenue might initially experience a reduced assessment impact as a result of the grade separation. Nearby properties may experience increases in accessibility and clientele, which would contribute to an enhanced property assessment and value. Further, in either case, safety improvements, unimpeded traffic and pedestrian movement and the efficiency of not having a railway crossing may improve the area thus potentially increasing the current assessment base. The Municipal Property Assessment Corporation (MPAC) indicates that because of a lack of recent similar cases, it is difficult to judge the relative impacts on property assessments of an overpass versus an underpass. However, based upon MPAC's comments, staff has concluded that the City might expect a higher reduction in revenues should an overpass be built instead of an underpass. Once the road and traffic issues have been resolved after the construction of the grade separation, it is possible that the development of vacant properties within the quadrant bounded by Steeles Avenue, Redlea Avenue, Passmore Avenue and Silver Star Boulevard will be accelerated. As a consequence, new assessment and taxes could be brought on stream sooner than might otherwise have been expected, which could offset any potential reductions. From a longer-term perspective, the grade separation will improve the existing traffic congestion and likely will lead to commercial success for businesses in the area. Underdeveloped properties will find their assessments increased earlier due to accelerated transportation improvements along Steeles Avenue, Redlea Avenue and Silver Star Boulevard. (iii) The planning impact of the larger commercial area on future development: An investigation of other similar sites within the City was undertaken in order to ascertain the impact that restricted access might have on the existing and potential development resulting from constructing a grade separation. Roadway Depressed Grade Separations (Underpass): The construction of a grade separation will require modifications to access locations close to the grade separation. These modifications generally result in combined or common driveways to serve the existing development. These locations are determined through design criteria and are dependent on site-specific conditions. However, assuming a relatively flat existing grade, an underpass scenario will be shorter in length than an overpass.

19 19 Figure 2 Grade Separation Steeles East of Keele Figure 2 illustrates an underpass located on Steeles Avenue West just east of Keele Street and the location of access roads for the abutting uses approximately 175 metres (574 feet) to the west and 146 metres (479 feet) to the east of the railway bridge. Figure 3 Kennedy Road North of 401 Automobiles and trucks require less vertical clearance than railway cars. The approaches are therefore shorter for a road underpass than for an overpass. Sidewalk grades are fairly flat in an underpass (see Figure 3). This allows for greater separation between traffic and pedestrians and improves sightlines along and from the sidewalk.

20 20 Roadway Elevated Grade Separations (Overpass): Figure 4 Ellesmere Overpass East of Kennedy Figure 4 illustrates a grade separation overpass located on Ellesmere Road east of Kennedy Road and the relative location of access roads for the abutting uses measured at approximately 255 metres (835 feet) to the west and 280 metres (920 feet) to the east. The construction of a grade separation overpass, as in the underpass scenario, necessitates modifications to nearby access locations. These modifications generally result in combined or common access points to serve a number of business/sites. The access points are determined through design criteria and are dependent on site-specific conditions, similar to the underpass scenario. Figure 5 Ellesmere Overpass East of Kennedy Road showing Relative Building Height to the Overpass Figure 6 Markham Road Overpass showing Relative Height of Building to Road Figures 5 and 6 show that the elevation of the roadway at the crest at these locations is approximately equal to the roof tops of the surrounding buildings. This is similar to the situation for the proposed grade separation on Steeles Avenue.

21 21 As the overpass grade separation is elevated relative to the surrounding land, the structure is highly visible to the surrounding community. The approaches to an overpass grade separation are longer than to an underpass because of the greater clearance required for railway cars. Sidewalk grades are more pronounced and sightlines are more limited. Steeles Grade Separation: A grade separation will alter some existing business operations. However, the performance of the transportation system will improve when fully implemented. For example, the planned realignment and signalization of Redlea Avenue will provide an opportunity for traffic movements to be made safely and efficiently into the neighbouring business block. Construction of Redlea Avenue to the south creates new opportunities for businesses to access the passing traffic on that roadway. Similar opportunities exist for lands on Silver Star Boulevard. As with other situations throughout the City, each of these employment areas has an opportunity to develop itself as a unique business enclave, rather than an innocuous small piece of a sprawling commercial strip. (iv) Status of the agreement with York Region for Steeles Avenue: At its meeting of July 4, 5 and 6, 2000, Council adopted a report from the Planning and Transportation Committee authorizing City staff to continue discussions with York Region staff regarding the development of a Boundary Road agreement based upon ten principles listed in the report. As well, the Steeles Avenue Sub-Committee was requested to undertake consultations with the Scarborough community east of Markham Road. Following the municipal election of November 2000, the Steeles Avenue Sub-Committee was not reconstituted and, so, little formal work has been done. Staff developed some draft protocols which were circulated internally for comment. This effort is ongoing. City and Region staff collected costs for operation and maintenance on a per lane kilometre basis. The City s cost was considerably higher than that of the Region, and the Region was requested to provide a break-down of the constituent tasks and the standards being achieved in its maintenance program. Sidewalk snow-clearing and street lighting are two matters where different standards or responsibilities, as between York Region and its lower tier municipalities, serve to make cost comparisons difficult. This issue is currently under review. The goal of all parties at the staff level is to have an agreement in place by the end of Progress reports to Council through the Planning and Transportation Committee are anticipated but no timing has been developed to date. (v) Request from Markham Council for a traffic signal at Redlea Avenue and whether this request would comply with the separation distance criteria of the City of Toronto: The proposed traffic control signals on Steeles Avenue at the realigned Redlea Avenue will be located approximately 170 metres east of Kennedy Road, and 425 metres west of Old Kennedy

22 22 Road/Silver Star Boulevard. A traffic analysis, using p.m. peak traffic conditions, was undertaken to determine what impacts these proposed signals would have on operations on Steeles Avenue. The p.m. peak period traffic conditions were used in the analysis as, typically, in a commercial area the afternoon is more critical than the morning in terms of peak period traffic conditions. The traffic analysis indicated that installing traffic control signals on Steeles Avenue at the realigned Redlea Avenue could potentially result in queue overflow for the eastbound left-turn lane. However, this queue overflow could be mitigated by providing an eastbound left-turn callable phase when there is a demand for this movement. In addition, the traffic control signals on Steeles Avenue at Kennedy Road have recently been placed on SCOOT computer control which allows for improved traffic operations, as the SCOOT system can adapt to actual on-street conditions and demands. (vi) Safety assessment of the grade separation with respect to train volumes and speeds: There are presently eight GO Trains and approximately two freight trains that travel on the CN Uxbridge rail line and cross Steeles Avenue daily. Staff at CN have indicated that the freight trains travel through Steeles Avenue at approximately 40 km/hour (25 mph). The GO trains would be travelling at speeds lower than 40 km/hour across Steeles Avenue due to the fact that they would be stopping at the Milliken GO station, which is located immediately north of Steeles Avenue, before or after crossing Steeles Avenue. Trains travelling at 40 km/hour would need to travel between 200 and 600 metres before coming to a complete stop, depending on the conditions under which the stop was made. Safety assessments of rail/road crossings are typically undertaken by using an indicator called the exposure index. This indicator is used by the Canadian Transportation Agency and most municipalities, as well as transportation consultants, when analysing safety hazards due to high traffic and train volumes at the existing road/rail intersections. A grade separation is usually warranted when the number of trains crossing the road per day multiplied by the average annual daily traffic on the road reaches or exceeds a threshold of 200,000. As indicated in the October 3, 2001 staff report to the, this exposure index for the rail/road crossing at this location was calculated to be 390,000. A safety assessment based on speeds of the GO trains travelling across Steeles Avenue is not recommended due to the fact that there are still freight trains using this CN Uxbridge rail line that do not stop at Steeles Avenue. Rehabilitation costs for an underpass structure are expected to be less than those for an overpass structure as a result of the deck area of the underpass structure being smaller than that of an overpass, and as a result of an underpass structure having less exposure to corrosive de-icing materials than an overpass structure. Detailed figures on the relative maintenance costs are not available at this time.