Construction Projects Right-of-way Occupancy

City Council
12th floor, West Tower, City Hall
100 Queen Street West
Toronto, ON M5H-2N2

Attention: Marilyn Toft

IE11.8.2: Logistical and Legal Implications of Eliminating Right of Way Occupancy for Private Construction Projects and Potential Provision of Construction Management Plans at Rezoning Stage

Dear Mayor Tory and Members of City Council,

The Federation of North Toronto Residents’ Associations (FoNTRA) strongly supports the recommendation of the Infrastructure and Environment Committee to request the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning to prepare a report on implementing a new right-of-way occupancy permit policy that defaults to a denial of requests, except when no other options are available.

In the event no other options are available and closure of the right-of-way adversely impacts the public use of the right-of-way, FoNTRA supports requiring that a percentage of the additional Gross Floor Area achieved by the developer, as a result of City right-of-way use for construction, is to be provided for public amenities, such affordable housing, childcare, or seniors’ services.

In most instances, developers require a portion of the right-of-way to construct the project only because it has been designed with a lot line-to-lot line footprint. It is preferable for the public interest that appropriate setbacks are in place so that use of the public right-of-way is not required; however if the City does grant access to the public right-of-way to facilitate construction of developments with larger footprints, it should include developers providing affordable housing, childcare, or other vital services in exchange for the increased GFA developers are able to build.

Respectfully submitted,

Geoff Kettel
Co-Chair, FoNTRA

Cathie Macdonald
Co-Chair, FoNTRA

cc: Barbara Gray, General Manager, Transportation Services, City of Toronto
Gregg Lintern, Chief Planner and Executive Director, City Planning