Partial Property Acquistion - Lucille Lamana
(Ward 16 - Scarborough Highland Creek)
The Corporate Services Committee recommends the adoption of the following report (May 15, 1998) from the
Commissioner of Corporate Services:
Purpose:
Property acquisition to accommodate the re-naturalization of the Centennial Watercourse, north of Ellesmere Road,
Scarborough.
Funding:
The land acquisition to be charged to Capital Account No. 57837-00000-85040-481.
Recommendations:
It is recommended that:
(1)the City purchase the 15.5m x 46.0m parcel shown as Part 1 on the attached sketch at the price of $110,000.00;
(2)the City pay the owner=s reasonable legal fees to complete this transaction; and
(3)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Background:
In 1994 - 1997, the City of Scarborough initiated a program to bring into public ownership lands within the valley of the
Centennial Creek, a small watercourse which extends from Lake Ontario to Highway 401, between Port Union Road and
Morningside Avenue. For much of its course the stream is unregulated by conservation authority regulations, and therefore
the valley was in danger of being destroyed by filling to facilitate development. In 1996 Scarborough Council authorized
negotiations with the owners of twenty properties to acquire a 20.0m wide corridor centred upon the watercourse. These
properties were targeted for acquisition from a significantly larger number, based upon their proximity to development and
their environmental sensitivity. To date all or part of seven properties have been purchased. The subject parcel forms an
important part of this program.
Comments:
The owner of the subject property is Lucille Lamanna. It is AL-shaped@ with frontage of 15.5m on the west side of Zaph
Avenue and a depth of 124.6m. Total area of the property is 3,011.0m2 (32,411.0 ft2). The portion which the City requires,
has an area of 1,426.0 m2 (15,350.0 ft2), leaving a residual of 1,585.0 m2 (17,061.0 ft2).
The Official Plan designation for the property is Low Density Residential, with an area adjacent to the watercourse as
Environmental Impact Zone. The Official Plan, which was revised during 1997, contains a policy indicating that the City
would negotiate the acquisition of lands within the E.I.Z. as though the old Official Plan Designation, which permitted
development of the watercourse area, remained in place.
The subject property is Zoned S - Single Family Residential, with development standards permitting the construction of
one single-family dwelling per parcel of land with a minimum of 15.0m (49.21 ft.) frontage on a public street, and a
minimum area of 696.0 m2 (7,492.0 ft2). Currently, one single family residence may be developed on the property.
Negotiations to acquire the front part of the site were complicated by the location of the stream. The watercourse is located
close to the road frontage, such that if the City purchased the property it requires, the remainder would be landlocked. Even
if the owner retained an easement over the property required, the remainder would be without road frontage, and all
developments rights would be lost.
In the fall of 1997, Scarborough City Council gave Draft Plan Approval to a plan of subdivision immediately to the north
of the Lamanna property. That plan provides for the extension of Goldene Way, which will ultimately provide road
frontage to the rear of the Lamanna property. Unfortunately, it is unknown when the plan of subdivision will be registered.
To resolve the matter, and to ensure Ms. Lamanna retains the right to develop her remaining property, an agreement has
been negotiated whereby she will initially grant an easement to the City over the lands described as Part 1 on the attached
sketch, in exchange for payment of $110,000.00. This amount represents the market value of the lands required for the
renaturalization project. This easement will permit the City to have complete control over the watercourse lands, except
that if the owner is unable to gain access to Goldene Way because the abutting owner is not proceeding with registration of
the plan of subdivision and construction of the road, and instead wishes to construct one single family dwelling on the
remaining lands, she will be permitted to construct one 6m wide driveway across the creek to connect with Zaph Avenue.
The second stage of the conveyance is to occur immediately after the construction of Goldene Way. Upon dedication of the
road, the reminder of the fee simple interest in the lands is to be conveyed to the City. If a driveway has been constructed
on the City property in the interim, it will be removed and the property restored.
Conclusions:
The purchase of the front portion of the Lamanna property in the manner described will enable the City to protect the
watercourse and yet permit Ms. Lamanna sufficient flexibility to develop the remainder of the site whether the abutting
draft plan of subdivision proceeds or not.
Contact Name:
R. Mayr, AACI, Director, Real Estate Services, (416) 396-4930, (416) 396-4241 Fax Number
mayr@city.scarborough.on.ca
(A copy of the sketch referred to in the foregoing report is on file in the office of the City Clerk.)
