Expropriation of Property

11R Hounslow Heath Road

 The Corporate Services Committee recommends that:

 (1)the portion of the decision of the Council of the former City of Toronto (as contained in Clause No. 50 of Executive Committee report No. 17, adopted June 23, and 24, 1997, authorizing an application to Council for approval to expropriate all right, title and interest, for public highway purposes, in the land known municipally as 11R Hounslow Heath Road, be rescinded;

 (2)an application to Council for approval to expropriate all right, title and interest in the lands municipally known as 11R Hounslow Heath Road, be authorized for the following purposes:

 (a)public laneway purposes;

 (b)parks purposes; and

 (c)to extinguish the legal non-conforming use pursuant to subsection 34(8) of the Planning Act;

 (3)the acquisition of these lands by expropriation be exempted from the policy contained in Clause No. 46 of Report No. 11 of the Executive Committee of the former City of Toronto, adopted June 21, 1993, requiring that the lands first be remediated to the standards under the Environment Protection Act applicable to their future use for purposes other than as public laneway;

 (4)the City Surveyor be directed to prepare a legal description of the lands to be expropriated;

 (5)the service and publication of the Notice of such application be authorized as required by the Expropriations Act;

 (6)the appropriate officials be authorized to forward to the Chief Inquiry Officer, pursuant to the Act, any requests for hearings that are received;

 (7)the Commissioner of Corporate Services be authorized to obtain any appraisal reports required to comply with the Expropriations Act;

 (8)the City Solicitor be authorized to make any necessary applications to a Judge of the Supreme Court of Ontario to appoint the Public Trustee or other person to represent the interests of any owners served pursuant to subsection 1 of Section 5 of The City of Toronto Act, 1981;

 (9)City Council authorize the introduction of a by-law to lay out that portion of the lands to be used as public laneway and thereafter dedicate the lands for public lane purposes; and

 (10)the appropriate City officials be authorized to take whatever action is necessary to implement the foregoing.

 The Corporate Services Committee submits the following report (May 22, 1998) from the Commissioner of Corporate Services:

 Purpose:

 To set out the appropriate procedural authorities required to implement the expropriation recommended by Councillor Disero in her communication (April 16, 1998).

 Funding Sources, Financial Implications and Impact Statement:

 No source of funds has yet been allocated, but consideration may be given to the use of funds from the future sale of 80 Turnberry Avenue, details of which are described in the body of this report.

 Recommendation:

 It is recommended that this report be received for information.

 Comments and/or Discussion and/or Justification:

 Having read the communication (April 16, 1998) from Councillor Disero concerning the expropriation of the lands municipally known as 11R Hounslow Heath Road, if Committee and Council determine to take the steps requested by her, the following are the authorizations necessary to effect such determination:

 (1)the portion of the decision of the Council of the former City of Toronto (as contained in Clause No. 50 of Executive Committee report No. 17, adopted June 23, and 24, 1997) authorizing an application to Council for approval to expropriate all right, title and interest, for public highway purposes, in the land known municipally as 11R Hounslow Heath Road, be rescinded;

 (2)an application to Council for approval to expropriate all right, title and interest in the lands municipally known as 11R Hounslow Heath Road, be authorized for the following purposes:

 (a)public laneway purposes;

 (b)parks purposes; and

 (c)to extinguish the legal non-conforming use pursuant to subsection 34(8) of the Planning Act;

 (3)the acquisition of these lands by expropriation be exempted from the policy contained in Clause No. 46 of Report No. 11 of the Executive Committee of the former City of Toronto, adopted June 21, 1993, requiring that the lands first be remediated to the standards under the Environment Protection Act applicable to their future use for purposes other than as public laneway;

 (4)the City Surveyor be directed to prepare a legal description of the lands to be expropriated;

 (5)the service and publication of the Notice of such application be authorized as required by the Expropriations Act;

 (6)the appropriate officials be authorized to forward to the Chief Inquiry Officer, pursuant to the Act, any requests for hearings that are received;

 (7)the Commissioner of Corporate Services be authorized to obtain any appraisal reports required to comply with the Expropriations Act;

 (8)the City Solicitor be authorized to make any necessary applications to a Judge of the Supreme Court of Ontario to appoint the Public Trustee or other person to represent the interests of any owners served pursuant to subsection 1 of Section 5 of The City of Toronto Act, 1981;

 (9)City Council authorize the introduction of a by-law to lay out that portion of the lands to be used as public laneway and thereafter dedicate the lands for public lane purposes; and

 (10)the appropriate City officials be authorized to take whatever action is necessary to implement the foregoing.

 When the former City of Toronto Council initially authorized the expropriation, there was a communication from Councillor Disero which recommended that 80 Turnberry Avenue be offered for sale and some of the proceeds be used to pay for the expropriation. Council authorized staff to sell the north portion of 80 Turnberry Avenue according to the existing zoning so that issues respecting residential use of the property can be addressed within the context of a site specific Official Plan amendment and rezoning application and that the southern portion of the site be retained by the City for the time being so that staff could explore other industrial possibilities for this site. Staff undertook the preparatory work including an environmental assessment, survey etc., in order to market this property in the latter half of 1997k. As 80 Turnberry Avenue abuts the easterly lot line of an operating transportation yard formerly owned by Metro, the marketing was delayed to provide an opportunity to decide whether or not 80 Turnberry Avenue was required for yard purposes as part of the yards rationalization exercise. Although the yards rationalization review is not yet fully complete, the Commissioner of Works and Emergency Services has advised that he has no objection to the sale of 80 Turnberry Avenue and we are now accordingly in a position to market this property. Council can decide whether or not it wishes to allocate the revenue from this sale to fund the proposed expropriation of 11R Hounslow Heath Road.

 Contact Name:

 Doug Stewart, Real Estate Division - 392-7206.

 The Corporate Services Committee also submits the following communication (May 12, 1998) from the City Clerk, Toronto Community Council:

 The Toronto Community Council forwards the communication (April 16, 1998) from Councillor Betty Disero to the Corporate Services Committee, with the request that the recommendations contained therein be adopted.

Background:

 The Toronto Community Council, on May 6, 1998 had before it a communication (April 16, 1998) from Councillor Disero, respecting 11R Hounslow Heath (Davenport).

 The Corporate Services Committee reports, for the information of Council, having also had before it a communication (May 1, 1998) from Councillor Kyle Rae, Downtown, forwarding a communication (April 16, 1998) from Councillor Betty Disero, Davenport embodying the following recommendations:

 A(1)That the original authority to expropriate be rescinded.

 (2)That there is a likelihood of contamination (please see attached) and any Council decision should be based on the assumption that the lands are contaminated.

 (3)Approve a new application to expropriate to make clear that the lands are being taken for the following purposes:

 (a)A portion for public laneway purposes;

 (b)A portion for park purposes (i.e.; added to the north limit of Wadsworth Park); and

 (c)A portion to extinguish the legal non-conforming scrapyard use pursuant to subsection 39(8) of the Planning Act.@

 (A copy of the sketch attached to the report (May 22, 1998) from the Commissioner of Corporate Services is on file in the office of the City Clerk; and a copy of the confidential communication (March 26, 1998) from Ms. Sylvia Watson, on behalf of the City Solicitor, was forwarded to all Members of Council under confidential cover with the May 25, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)