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Bloorhill Properties Limited - Proposal to Dedicate

City-Owned Land as Public Highway

Bloor Street West, North Side

Between Kings Lynn Road and Kingsmill Road

2842 to 2846 Bloor Street West (Kingsway-Humber)

The Etobicoke Community Council recommends the adoption of the following report (September 14, 1999) from the Director of Transportation Services, District 2:

Purpose:

To advise Etobicoke Community Council of Bloorhill Properties Limiteds request that the City dedicate a strip of municipal property on the north side of Bloor Street West, between Kings Lynn Road and Kingsmill Road, as a public highway.

Funding Sources, Financial Implications and Impact Statement:

This report has no direct financial implications.

Recommendations:

It is recommended that:

(1) the City-owned land on the north side of Bloor Street West, between Kings Lynn Road and Kingsmill Road, not be dedicated as public highway; and

(2) the terms and conditions of a 10-year lease agreement with Bloorhill Properties Limited be negotiated according to Councils decision of November 25, 26 and 27, 1998.

Council Reference/Background/History:

On June 2, 1986, Council for the City of Etobicoke adopted Clause 11 of the Fifteenth Report of the Board of Control 1986 recommending the closure of three public lanes located on the north side of Bloor Street West, between Prince Edward Drive and Kingscourt Drive (Attachment No. 1). The Board of Control report stated that . . . The most easterly and westerly lanes are undeveloped and the centre lane [between Kings Lynn Road and Kingsmill Road] only serves the abutting owners on the south, being Bloorhill Properties Limited and Lorne Reynolds Holdings Ltd. The Board of Controls report indicated that there was . . . no need for a public lane in the section between Kings Lynn Road and Kingsmill Road, and that . . . The Roads Technical Committee [of the City of Etobicoke] also agree there is no foreseeable future road requirement for the east and west lanes (Attachment No. 2).

On October 20, 1986, Council for the City of Etobicoke enacted By-law No. 1986-221 closing the public lanes between Prince Edward Drive and Kingscourt Drive (Attachment No. 3). The by-law required that the former public lanes between Prince Edward Drive and Kings Lynn Road, and between Kingsmill Road and Kingscourt Drive, be sold to the abutting owners. The legislation directed that the former lane between Kings Lynn Road and Kingsmill Road be leased to the abutting owners at 2842, 2844 and 2846 Bloor Street West.

The possibility of selling the municipal property between Kings Lynn Road and Kingsmill Road was discussed with the abutting owner, Bloorhill Properties Limited, in discussions initiated by the City of Torontos Facilities and Real Estate Division in October 1997. Notice of closure and sale was published in the Etobicoke Guardian in October 1998; however, responding to opposition to the sale from area residents and as recommended by the Manager of Realty Services in his report of October 28, 1998 (Attachment No. 4), Etobicoke Community Council decided against selling the property, and ordered that . . . steps be taken to renew the lease of the former laneway to the abutting owners for parking for a term of 10 years at a rate to be negotiated by the Citys Realty Services staff. . . These recommendations were adopted by City of Toronto Council at its meeting of November 25, 26 and 27, 1998.

In correspondence dated June 29, 1999, Bloorhill Properties Limited requested that the municipal property between Kings Lynn Road and Kingsmill Road be dedicated as public highway (Attachment No. 5). They claim that the property is used for . . . public access, and that dedication as municipal road allowance is appropriate.

At its meeting of July 15, 1999, Etobicoke Community Council referred this matter to the September 1999 meeting for a report from the Manager of Realty Services and the Manager of Traffic Planning/Right-Of-Way Management (Attachment No. 6).

Comments and/or Discussion and/or Justification:

Both Kings Lynn Road and Kingsmill Road are two-lane local roads carrying daily weekday traffic volumes of approximately 500 vehicles. The municipal property located at the rear of 2842 to 2846 Bloor Street West provides access from the rear yard parking lot to both Kings Lynn Road and Kingsmill Road. There is an additional access from the rear of these properties directly to Bloor Street West.

Arguably, the municipal property can be used by non-site generated traffic as an alternative access to either Kings Lynn Road or Kingsmill Road, but this serves little practical purpose since the former lane is not a short cut to anywhere. Closing one of the access driveways to either Kings Lynn Road or Kingsmill Road easily eliminates unauthorized access to the rear of these properties.

On August 20, 1999, Councillor Gloria Lindsay Luby met to discuss this issue with Bloorhill Properties Limited, area residents and representatives from the City of Toronto that included the City Solicitor and the Managers of Real Estate Services and Traffic Planning/Right-Of-Way Management. It was made clear to Bloorhill Properties Limited that there is no support from either area residents or City staff for a proposal to dedicate the subject property as public highway.

Conclusions:

In 1986, Etobicoke staff identified that from a transportation perspective there was no need for the public lanes on the north side of Bloor Street West, between Prince Edward Drive and Kingscourt Drive. With regard to the remaining municipal property, there is no short- or long-term strategic benefit to dedicating it as road allowance. We recommend against declaring this property as public highway, and that the terms and conditions of a 10-year lease agreement with Bloorhill Properties Limited be established according to Councils earlier directive, and with input from area residents and the Ward Councillors.

Contact Name:

Mr. Allan Smithies, Manager,

Traffic Planning/Right-Of-Way Management, District 2

Tel.: (416) 394-8412; Fax: (416) 394-8942

__________

The following persons appeared before the Etobicoke Community Council in connection with the foregoing matter:

- Mr. Ian Lord, Solicitor for Bloorhill Properties; and

- Mr. Bruce Robertson, Etobicoke.

 

   
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