Item - 2022.TE34.4

The Toronto and East York Community Council recommends that:

1.  City Council authorize public highway designation for the lands shown as:

a.  Parts 1-9, 13-20, 25, 34, and 45-48 on Plan 66R-32609, set out as Attachment 3 (the "Plan"), to take effect on the date that notice of a lease of the said lands from TEDCO to the City authorizing its use as a public highway is registered on title (the "Lease Registration Date"); and

b.  Part 59 on the Plan, to take effect on the later of the Lease Registration Date and the date that a transfer of easement from the Toronto Port Authority (PortsToronto) authorizing its use as a public highway is registered on title to the lands,

(collectively, the "Interim Roadways") and reconfigure Cherry Street in an interim condition as shown in  Revised Attachment 2 to the report (May 21, 2020) from the Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services. The lands designated as Parts 3, 6, 8 9 and 20 are to be dedicated in name as Commissioners Street. The lands designated as Parts 1, 2, 4, 5, 7, 13-19, 25, 34, 45-48 and 59 are to be dedicated in name as Cherry Street.

2.  City Council authorize the appropriate City officials to take all steps necessary to implement the proposed dedication referred to in Recommendation 1 above, including requesting the City Solicitor to prepare and submit the relevant bills and to pay any costs necessary to register the resultant by-laws, if required.

3.  City Council authorize the General Manager, Transportation Services, to negotiate, enter into and execute an agreement with Waterfront Toronto on terms and conditions satisfactory to the General Manager, Transportation Services, in relation to, among other things, street and pedestrian lighting on, as well as the construction, maintenance and warranty work of, the Interim Roadways and the new Cherry Street bridge; as well as to negotiate, enter into, and execute any other necessary agreements or documents, on behalf of the City, to temporarily exercise the City's authority.

4.  City Council designate a 40 km/h speed limit on Cherry Street, between Polson Street and Commissioners Street (west intersection).

5.  City Council designate a 40 km/h speed limit on Commissioners Street, between the west end of Commissioners Street and Cherry Street (east intersection).

6.  City Council prohibit stopping at all times on both sides of Cherry Street, between Commissioners Street (west intersection) and Polson Street.

7.  City Council prohibit stopping at all times on both sides of Commissioners Street, between the west end of Commissioners Street and Cherry Street (east intersection).

8.  City Council prohibit southbound right turns on a red signal at all times at the intersection of Cherry Street and Commissioners Street (east intersection).

9.  City Council temporarily close to pedestrian and cycling traffic Martin Goodman Trail on the east side of Cherry Street, between Polson Street and a point 81 metres south, from August 8, 2022 to December 31, 2022, inclusive, to facilitate a construction staging area.

10.  City Council approve the installation of traffic control signals at the intersection of Cherry Street and Commissioners Street (west intersection).

11.  City Council authorize the General Manager, Transportation Services, in issuing any requisite permits as delegated in Municipal Code Chapter 743, Streets and Sidewalks, Use of, to include additional permit terms as the General Manager of Transportation Services deems necessary and appropriate in the interim.

12.  City Council direct that Waterfront Toronto be responsible for all costs incurred with respect to road repairs, traffic signage modifications, installation of traffic control set-up, and installation of traffic control signals.

13.  City Council authorize the permanent closure of a portion of Cherry Street, shown as Part 53 on the Plan 66R-32609 set out as Attachment 3 to the report (June 13, 2022) from the Director, Transportation Planning and Capital Program, and Director, Traffic Management Centre, Transportation Services, once the lands shown as parts 1-9, 13-20, 25, 34, and 45-48 on Plan 66R-32609 are designated as public highways.

14.  City Council enact a by-law substantially in the form of the draft by-law set out as Attachment 4 to the report (June 13, 2022) from the Director, Transportation Planning and Capital Program, and Director, Traffic Management Centre, Transportation Services.

15.  City Council authorize the appropriate City officials to submit directly to Council at the appropriate time any necessary bills to amend the appropriate City of Toronto Municipal Code Chapters, and any Schedules to the Chapters, to reinstate the traffic and parking regulations to what they were immediately prior to the by-law amendments made in connection with the report (June 13, 2022) from the Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services.

16.  City Council authorize the appropriate City officials to submit directly to Council at the appropriate time any necessary bills to amend the effective date of any dedication by-law(s) and/or traffic and parking regulation by-law(s) made in connection with the report (June 13, 2022) from the Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services, to, among other things, insert a specific effective date.

17. City Council authorize the City Solicitor to introduce the necessary bills to amend the effective date of By-law Numbers 653-2014, 654-2014, 655-2014, 706-2014, and 707-2014, which By-laws were previously enacted by City Council, to refer to the specific effective date of November 14, 2014.

18.  City Council authorize the City Solicitor to amend City of Toronto Municipal Code, Chapter 950, Traffic and Parking to introduce the necessary bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor or General Manager, Transportation Services, in order to give effect to the Recommendations above.

19. City Council prohibit northbound right turns on a red signal at all times at the intersection of Cherry Street (west intersection) and Commissioners Street.

This report proposes to extend Commissioners Street and realign a portion of Cherry Street by permanently closing a portion of the public highway and dedicating segments of public highway to the west. In addition, Toronto Transit Commission (TTC) operates a transit service on Cherry Street and Commissioners Street, therefore City Council approval of this report is required. Cherry Street and Commissioners Street are classified as major arterial roadways.

As part of the Port Lands Flood Protection Project and Enabling Infrastructure Project, Waterfront Toronto, on behalf of the three levels of government, will construct the new mouth of Don River through the lands currently designated as Cherry Street between Commissioners Street and Polson Street.

In order to facilitate construction of the new river mouth, a portion of the existing alignment of Cherry Street between Commissioners Street and a point 216 metres south will be removed and a new segment of Cherry Street will be constructed to the west of the current Cherry Street. The new Cherry Street alignment will intersect with the current Cherry Street alignment, approximately 67 metres north of Polson Street and ultimately connect to Lake Shore Boulevard East at Cherry Street North. In addition, Commissioners Street will be extended approximately 100 metres west and will connect to the new Cherry Street alignment. Vehicular traffic, pedestrians and cyclists on the current Cherry Street alignment will be shifted to the new alignment. The vehicular traffic lanes, trails and cycle tracks will be constructed to base asphalt condition. During the initial opening of new Cherry Street and the Commissioners Street extension, the lands to the east of the travelled lanes, trails and sidewalks on new Cherry Street and the lands to the south of the travelled lanes, trails and sidewalks on Commissioners Street will still be under construction, as shown in Attachment 1. The sections of land under construction will accommodate a future Light Rail Transit alignment. Therefore, this phase is considered the interim opening. During this interim period, most of the lands being opened as public highway will be leased from The Toronto Economic Development Corporation (TEDCO), with use of a small triangular portion of the new Cherry Street bridge to be secured from PortsToronto by way of easement.

This report only deals with the portion of the new Cherry Street between Commissioners and Polson Street and Commissioners Street, between new Cherry Street and current Cherry Street. The anticipated date of the interim road opening is August 2022. A staff report will be submitted in the second quarter of 2023 for subsequent dedication of the construction staging areas which run along the interim roads and the opening of the northern section of the new Cherry Street alignment, between Commissioners Street and Lake Shore Boulevard at Cherry Street North.

The cycling infrastructure on the interim roadways and temporary cycling lane on current Cherry Street is dealt through a companion report "Port Lands Flood Protection - Interim Road Opening (Cycling Infrastructure)" requiring Infrastructure and Environment Committee approval.

Authorization is being requested to designate the lands which contain the travelled lanes, trails and sidewalks as public highways and to implement traffic and parking by-laws for the interim road opening, to take effect in respect of each parcel of land after the new Cherry Street and Commissioners Street extension has been constructed by Waterfront Toronto to its interim condition to the satisfaction of the City and accepted and commissioned by the City and after a property right allowing its use as a public highway is granted to the City by the landowner. The City is accepting the road on an interim basis. Waterfront Toronto is required to complete the above mentioned construction activities prior to final acceptance.

Transportation Services is also requesting authority to install traffic control signals at the intersection of new Cherry Street and Commissioners Street as well as implement parking and traffic regulations on new Cherry Street and Commissioners Street extension.

Transportation Services is requesting authorization to temporarily close the Martin Goodman Trail on the east side of current Cherry Street, between Polson Street and a point 81 metres south, in order to accommodate a construction staging area. Trail users will be redirected to the west side of the current Cherry Street at the Ship Channel Bridge, by way of temporary traffic control signals.

Transportation Services also recommends that a portion of existing Cherry Street, between Commissioners Street and a point 216 metres south, designated as Part 53 on Plan 66R-32609 and shown in Attachment 3 (the "Highway"), be permanently closed. Once closed, it is intended that Part 53 on the Plan will be retained by the City and licensed to Waterfront Toronto to complete flood protection work.