Post Road Road Allowance East of Bridle Heath Gate -

North York Centre South

The North York Community Council recommends:

(1)the adoption of the following report (June 23, 1998) from the Commissioner of Transportation, North York Civic Centre, subject to the following amendments:

(a)Recommendation No. 1 be amended to read as follows:

"Legally close that unimproved portion of the Post Road road allowance which extends east of Bridle Heath Gate, save and except for the portion that abuts No. 1 Bridle Heath Gate, and dedicate it as parkland.";

(b)the following additional Recommendation No. 3 be added thereto:

"That the undedicated portion be declared surplus to the City's needs and be offered for sale at fair market value to the abutting property owners as per Council's policy.";

(c)the following additional Recommendation No. 4 be added thereto:

"Staff be authorized and directed to take the necessary action to give effect thereto."; and

(2)the potential sale of the undedicated portion of the Post Road road allowance, as described in Recommendation No. 1(b), be referred to Parks Department staff for a report thereon to the North York Community Council.

The North York Community Council submits the following report (June 23, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To legally close that portion of the Post Road road allowance, east of Bridle Heath Gate and dedicate the same as parkland. Ownership to be retained by the City.

Funding Sources:

Not applicable.

Recommendations:

(1)legally close that unimproved portion of the Post Road road allowance which extends east of Bridle Heath Gate and dedicate it as parkland; and

(2)the closure be subject to the provision of utility easements as required.

Background History:

In 1975, North York Parks and Recreation Department expropriated approximately 0.3156 hectares from the rear of 1 Bridal Heath Gate. The expropriated property is below the top of the bank at the southern limit of Windfields Park and was acquired for the purpose of access to the watercourse for flood control and maintenance of the Wilket Creek. Windfields Park was never formally extended to include the expropriated land.

In October 1995, Mrs. Arend, the owner of No.1 Bridle Heath Gate, contacted the North York Parks and Recreation Department requesting to purchase a portion of the property which had been expropriated as No.1 Bridle Heath Gate could not comply with the R1-A zone of the Zoning By-Law where the minimum lot size is 0.81 hectares(2 acres). The request of Mrs. Arend was not granted.

Discussion:

In July 1997, Mr. Karsten Arend, made a request with respect to the possible acquisition of that portion of the Post Road road allowance abutting No.1 Bridle Heath Gate to the south. The purpose of the acquisition was to build a new driveway and to close access to the general public from accessing the public valley lands to the east. Apparently at times such as luncheon hours, fast food wrappers and soft drink containers have been deposited along the unimproved road allowance by certain members of the public although this issue has never been brought to the City's attention for investigation.

At a point, approximately 15 metres east of Bridle Heath Gate, the subject portion of road allowance slopes down into the valley lands and connects with the west branch of the Wilket Creek. A 300-mm diameter municipal water main and a 250-mm diameter municipal sanitary sewer are located within this portion of Post Road. An existing row of mature deciduous trees (approximately fifteen) are planted within and along the north side of the road allowance.

Mr. Arend has assured staff that if he was successful in his bid to acquire that portion of Post Road road allowance, he would not destroy the existing trees and would accept whatever easements necessary to protect municipal services and/or public utilities.

More recently however, representatives of the Parks and Recreation Department, North York Office, have advised of ongoing work in the valley to the east with respect to the Wilket Creek sanitary trunk sewer, and in particular the need to protect for municipal access to both sides of the watercourse by the various municipal authorities or agencies which may be involved.

Conclusion:

While it has been determined that the road allowance is surplus to the road needs of the municipality, ongoing ownership is required until the access provisions from the west side of the watercourse and the valley have been resolved. Therefore, it is deemed appropriate that the subject section of Post Road road allowance be legally closed, retained in the ownership of the City and dedicated at this time as parkland. If in the future any part of this property is deemed surplus to the City's needs, then the abutting property owners, who have shown an interest in the property acquisition, may be approached and advised accordingly.

Contact Name:

Colin Couper, Director of Transportation Planning,

Works and Emergency Services, Transportation, North York Office.

Telephone 395-7470, Fax 395-7482, e-mail cwcouper@city.north.york.on.ca.