Encroachment Agreement Permitting Parking on

Kingston Road - Road Allowance

Ward 16 - Scarborough Highland Creek

The Scarborough Community Council recommends the adoption of the following report (August 31, 1998) from the Commissioner of Corporate Services, subject to adding the following recommendations:

"(4)that the owner be required to finalize the current application to amend the Site Plan Control agreement S92095 to improve landscaping at the front of the property, and that the owner be given until November 15, 1998, to implement the Site Plan Control agreement, as amended; and

(5)that the Director of Community Planning, East District, report to the Scarborough Community Council meeting scheduled to be held on December 9, 1998, regarding the status of the Site Plan implementation."

Purpose:

To seek authority for an encroachment agreement, permitting a metal fence to remain approximately 4.9 metres (16 feet) within the Kingston Road road allowance in the Kingston Road/Port Union Road area.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that:

(1)the City permit the owners of 6515 Kingston Road to retain a metal fence encroaching to a maximum of 4.9 metres (16 feet) onto the Kingston Road road allowance subject to:

(a)entering into an encroachment agreement with the City;

(b)provision of proof of insurance satisfactory to the City's Manager of Risk and Insurance; and

(c)maintenance of the encroachment in good condition.

(2)the standard $350.00 fee for encroachment agreements be waived, and that no annual fee be required; and

(3)the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

The owners of 6515 Kingston Road, located on the south side of Kingston Road just west of Centennial Road, conveyed 4.9 metres (16 feet) road widening to the City of Scarborough in 1980, for the nominal sum of $2.00. The owner continued to occupy the road widening for a number of years, and paved it as part of a parking lot.

Pursuant to a negotiated site plan agreement, the new owners of 6515 Kingston Road were required to construct a fence on the new property line in the early 1990's. This created a paved area between the fence and the roadway, which has resulted in vehicles parking in a haphazard and unsightly manner in this area.

In 1997, Scarborough City Council endorsed the Highland Creek Planning study, which noted that the appearance of this portion of Kingston Road should be improved through the site plan process.

It was determined recently that the owners had not completed the landscaping aspects of their earlier site plan. During discussions to finalize the site plan, planning staff noted the problem of parking in this area, and encouraged the property owners to investigate returning the fence to its original location encroaching onto the road allowance, and to provide landscaping on the remaining boulevard. The owners agreed to do so, and relocated the fence earlier this summer.

Comments and/or Discussion and/or Justification:

The usual City Departments and outside agencies have been contacted, and no objections to the proposed encroachment agreement have been received.

The zoning of the property is H.C. - Highway Commercial, with maximum building areas of 40 per cent of the property size. The Official Plan designates the property as a Special Uses Area, although the implementation of the Highland Creek study, which is currently under appeal to the Ontario Municipal Board, would change this designation to Community Commercial.

The encroachment policy of the former City of Scarborough considered this to be a commercial encroachment, which would require payment of both an administration fee and an annual fee to the City, based upon the market value of the property. In this case, the annual fee is estimated to be approximately $1,200.00 per year. However, as Planning staff have encouraged the applicant to relocate the fence to resolve a parking problem for the City, and to provide landscaping on the public road allowance, it is recommended that the fees be waived.

Conclusion:

Approval of the encroachment agreement will enable the applicant to improve the appearance of the streetscape, and eliminate a parking problem for the City.

Contact Name:

R. Mayr, AACI, Director of Real Estate, Telephone (416) 396-4930, Fax (416) 396-4241

rmayr@city.scarborough.on.ca(scc98173.wpd)