Hearing - Stopping Up, Closing and Leasing - Lane Abutting

Grenadier Pond and Road Allowance of Grenadier Ravine Drive

(High Park)

 The Toronto Community Council recommends that a draft by-law in the form of the draft by-law be enacted.

 The Toronto Community Council reports, for the information of Council, that pursuant to Clause 38 of Report No. 17 of the City Services Committee of the former City of Toronto, titled, AEllis Avenue Ravine and Rennie Park - West Pond Ravine@ which was adopted by City Council at is meeting on December 3 and 4, 1990, notice of its hearing on May 6, 1998, with respect to the proposed enactment of the draft by-law was advertised in a daily newspaper on April 14, April 21, April 28 and May 5, 1998, and no one appeared before the Toronto Community Council in connection with the foregoing matter.

  The Toronto Community Council submits the following draft by-law:

 Bill No.

 BY-LAW No. -1998

 To stop up and close the unopened lane abutting Grenadier Pond and the unopened road allowance of Grenadier Ravine Drive and to authorize the lease of a portion thereof to the abutting owner.

  WHEREAS by Clause 38 of City Services Committee Report No. 17, adopted by Council of the former Corporation of the City of Toronto on December 3 and 4, 1990, it is recommended that the unopened lane abutting Grenadier Pond and the unopened road allowance of Grenadier Ravine Drive, be stopped up and closed as a public highway upon the terms and conditions contained in Clause 38 of City Services Committee Report No. 17, adopted by the said Council on December 3 and 4, 1990, and a lease of a portion of the part of the public highway so stopped up and closed be authorized upon the terms and conditions contained in the said report;

 AND WHEREAS notice of the said Council's intention to stop up and close the said part of the public highway and to lease a portion thereof as aforesaid was advertised in a daily newspaper on ________________, 1998.

 The Council of the City of Toronto HEREBY ENACTS as follows:

 1.Certain land being the land abutting Grenadier Pond and the unopened road allowance of Grenadier Ravine Drive, described by W. Kowalenko, Esq., O.L.S., as follows, namely:

 In the City of Toronto, Province of Ontario, being composed of:

 FIRSTLY:

 All of the 13 foot wide Public Highway on Plan M541 lying along the easterly and southerly limits of the said Plan M541 registered in the Land Registry Office for the Land Titles Division of Metropolitan Toronto (No. 66).

 Being part of Parcel 7380 in the Register for West Section Township of York.

 SECONDLY:

 All of the 13 foot wide Public Highway on Plan M491 lying along the easterly limits of the said Plan M491 registered in the Land Registry Office for the Land Titles Division of Metropolitan Toronto (No. 66).

 Being part of Parcel 5034 in the Register for West Section Township of York.

 THIRDLY:

 Grenadier Ravine Drive according to Plan M361 registered in the Land Registry Office for the Land Titles Division of Metropolitan Toronto (No. 66).

 The easterly, southerly and westerly limits of Grenadier Ravine Drive as confirmed under the Boundaries Act by Plan BA503 registered on May 8, 1974 as Plan D217. (See A-430431)

 Being part of the Tenthly described land in Parcel 3232 in the Register for West Section Township of York.

 is hereby stopped up and closed as a public highway.

 2.The soil and freehold of the portion of the public highway so stopped up and closed, as described by W. Kowalenko, Esq., O.L.S., as follows, namely:

 In the City of Toronto and Province of Ontario, being composed of part of the 13 foot wide Highway on Plan M541 lying along the easterly and southerly limits of the said Plan M541, designated as PARTS 1 and 2 on Plan of Survey 66R-16821, both Plans being in the Land Registry Office for the Land Titles Division of Metropolitan Toronto (No. 66).

 Being part of Parcel 7380 in the Register for West Section Township of York

 shall be leased to the abutting owner upon the terms and conditions contained in Clause 38 of City Services Committee Report No. 17, adopted by Council on December 3 and 4, 1990.

 3.The Clerk and Treasurer are authorized to execute all documents necessary to effect the conveyance authorized by Section 2 of this By-law and to affix the corporate seal of the City to these documents.

ENACTED AND PASSED this day of , A.D. 1998.

    MEL LASTMAN,NOVINA WONG,

MayorCity Clerk

  (Corporate Seal)

 The Toronto Community Council also submits Clause 38 of Report No. 17 of the City Services Committee of the former City of Toronto, headed AEllis Avenue Ravine and Rennie Park - West Pond Ravine@, which was adopted by City Council at its meeting held on December 3, 1990:

 The Committee recommends the adoption of the joint report (October 18, 1990) from the Commissioner of Public Works and the Environment and the Commissioner of City Property.

 The Committee advises having forwarded this matter to the Land Use Committee for its meeting on November 20, 1990.

 The following addressed the Committee:

 -Edward Davidson

-Philippe De Bosset

-Rick Jardine

 The Committee submits the joint report (October 18, 1990) from the Commissioner of Public Works and the Environment and the Commissioner of City Property:

 Subject: Ellis Avenue Ravine and Rennie Park-West Pond Ravine (Ward 1)

 Origin: Land Use Committee meeting of June 12, 1990 (c39csc90841:86)

 Recommendations:

 1.That the unopened lane abutting Grenadier Pond and the unopened road allowance of Grenadier Ravine Drive, as illustrated on the attached sketches dated October, 1990, be assumed and subsequently stopped-up and closed;

 2.That the registered owners of privately-owned land abutting the portions of the unopened lane and road allowance, be notified of the proposed closing by-law during the advertising period;

 3.That the lands comprising the unopened lane, so closed, adjacent to premises 75 Ellis Avenue, be included in the lease of the City-owned lands to the owner of 75 Ellis Avenue;

 4.That the lands comprising the remaining unopened lane and the unopened Grenadier Ravine Drive, so closed, be placed under the jurisdiction of the Commissioner of Parks and Recreation, as a wildlife sanctuary;

 5.That the Commissioner of Parks and Recreation erect appropriate fences and signage, at the south end of the lane to be leased to the owners of premises 75 Ellis Avenue and at the north end of Grenadier Ravine Drive, as illustrated on the attached sketches, so as to prevent trespassing onto the private lands abutting to the west of the said lane and Grenadier Ravine Drive;

 6.That a copy of this report be forwarded to the October 30, 1990 meeting of the Land Use Committee for its information; and

 7.That the appropriate City Officials be authorized to take the necessary action to implement the foregoing.

 Background:

 The Land Use Committee at its meeting held on June 12, 1990, adopted, inter alia, the following recommendations contained in the communication (June 8, 1990) from Councillor Boytchuk:

 That the issue of the Ravine By-law be deferred:

 1.for a report from the Commissioner of Public Works and the Commissioner of City Property in consultation with the Commissioner of Planning and Development and the City Solicitor upon the request of the property owners that the unopened road allowance abutting Grenadier Pond and the unopened Grenadier Ravine Drive be conveyed to them; and

 2.for a report from the Commissioner of Public Works and the Commissioner of City Property in consultation with the Commissioner of Planning and Development and the City Solicitor upon possible means of prohibiting members of the public from gaining access to the said unopened road allowances, taking into consideration the residents' request that signs and fences be erected.

 Comments: Your Committee at its meeting held on December 16, 1988, had before it a report dated November 23, 1988, respecting the closing of unopened road allowances in the ravine areas of Swansea, including the closing of the unopened road allowance Grenadier Ravine Drive and the unopened road allowance abutting Grenadier Pond (being the laneway to the rear of No. 75 Ellis Avenue, Nos. 1-35 Grenadier Heights and 7-27 and 28 Woodland Heights).

 The November 23, 1988 report recommended that Grenadier Ravine Drive remain as a public highway, to provide for future vehicular access to the front of the properties comprising Nos. 2-12 Grenadier Ravine Drive and that the unopened laneway abutting Grenadier Pond be closed and placed under the jurisdiction of the Commissioner of Parks and Recreation. That report was deferred and subsequently withdrawn.

 With regard to recommendations 1. and 2. adopted by the Land Use Committee on June 12, 1990, a meeting was held by the appropriate staff of the Departments of Public Works, City Property, Planning and Development and City Legal. It was concluded that the closing and conveyancing to the abutting owners of the unopened lane abutting Grenadier Pond and the unopened Grenadier Ravine Drive would not be in the City's best interests.

 The Commissioner of Parks and Recreation has advised that fencing along the west bank of Grenadier Pond, as a means of discouraging trespass is not feasible as this would be physically disruptive to this fragile area and would impede the movement of mammals and reptiles that inhabit and migrate along this slope.

 The City Solicitor is of the opinion that in order to fence off the road and lane at the north and south ends of Grenadier Pond as means of preventing trespass, the road and lane must first be assumed and then closed by by-law.

 It is also the view of the Departmental representatives that Grenadier Ravine Drive and the lane should be closed and placed under the jurisdiction of the Commissioner of Parks and Recreation to be maintained as a wildlife sanctuary.

 The effect of the closing of the lane and Grenadier Ravine Drive would appear to be in conformity with the provisions of the Municipal Act as it will not deprive any person of the means of access to and from the person's land or place of residence.

 Lane abutting Grenadier Pond

 There are no Public Works or public utility services in the lane to be closed, however, the City is currently leasing a strip of land approximately 12 metres in width, adjacent to the southerly limit of the aforesaid lane, to the owner of premises No. 75 Ellis Avenue. This portion of lane serves as the primary means of access to the aforesaid abutting privately-owned lands at 75 Ellis Avenue. In view of the foregoing, this portion of the lane should be stopped-up, closed and incorporated into the existing lease agreement.

 Grenadier Ravine Drive

A City-owned watermain is located in Grenadier Ravine Drive. The watermain must remain in place and physical access must be retained for future maintenance.

 Although Grenadier Ravine Drive is an unopened road allowance and does not serve as the primary means of access to abutting land, consents to the closing from the abutting landowners should be obtained.

 Once the lane and Grenadier Ravine Drive are stopped-up and closed, chain link fencing could be strategically installed, perpendicular to the shore at both the north (See Sketch 2) and south ends (See Sketch 1). Both fences should have a locked gate for security and maintenance access. Signs reading "Wildlife Sanctuary, Please Keep Out" should be posted at either end. The Department of Parks and Recreation would accept responsibility for the installation of such fencing, to ensure that the fencing is installed in a manner that is least disruptive to existing vegetation.

 Private landowners along this slope should be informed regarding the environmental significance and sensitivity of the west shore of Grenadier Pond.

 The recommendations in this report are generally consistent with those contained in a communication (October 4, 1990) from the area residents, to the Land Use Committee.

 The costs for the out-of-pocket expenses associated with the road closings in the estimated amount of $1,500.00 can be accommodated in Account No. 739-958.

The Committee also submits the communication (October 11, 1990) from Juanne Hemsol, Chairperson, Committee of Ravine Preservation Policies, addressed to the Land Use Committee:

 Subject: Closing part of road allowances on west side of Grenadier Pond, being part of Ellis Avenue Ravine.

 The Committee on Ravine Preservation (a Committee established by the Planning Advisory Committee) at its meeting held on October 9, 1990, unanimously adopted the following resolution and requested me to forward it to your Committee for consideration at its next meeting when the matter of a Ravine Control By-law for the Ellis Avenue Ravine and the West Pond Ravine will be considered by your Committee.

 "The Committee expresses strong opposition to the sale of City owned lands on the west shore line of Grenadier Pond to the adjoining property owners at a time when the land is an integral part of the 'High Park Master Plan' area. This land serves as an essential part of the nesting bird sanctuary, migration corridor and turtle nesting area. The sale of these lands would disturb the natural habitat as well as rare plants such as sweet flag. It is also contradictory to the Official Plan policies related to ravines, which were developed in collaboration with this Committee."

 The resolution was moved by David Hutcheon, and seconded by Helen Juhola.

 The Committee also submits the petition (October 2, 1990) from 32 area residents regarding the ravine designation with respect to the west shore of Grenadier Pond, addressed to the Land Use Committee:

 We, the undersigned area residents, are very concerned about the ravine designation with respect to the west shore of Grenadier Pond. On September 16, a number of the residents met to review the recommendations adopted by the Committee at its meeting held on June 12, 1990. In this regard, we are strongly of the view that:

 1.We support, in the public interest, that the west shore of Grenadier Pond should remain in its natural state.

 2.To accomplish this, the ravine should not only be designated under the by-law, it should also be protected as a wild life sanctuary.

 3.To ensure the maximum protection of the ravine and its wildlife, we feel it necessary that:

 i.the ravine designation be finalized,

 ii.the existing unopened road allowance be eliminated or permanently closed,

 iii.the north and south ends of the west shore of the Pond be signed "Wildlife Sanctuary - Please Keep Out", and

 iv.the north and south ends of the west shore of the Pond be fenced.

 Each of these steps are interrelated and, in our view, must be acted upon together. This is particularly the case with respect to the existing unopened road allowance. The unopened road allowance must be addressed at the same time as the ravine designation in order to fulfil the aims of the by-law. It would be contradictory to, on one hand, designate the west shore of the Pond as protected ravine and, on the other, to potentially open it to a parks and recreation use which would certainly threaten its existence as a unique and fragile wildlife sanctuary.

 We ask that the reports from the Commissioner of Public Works and the Commissioner of City Property in consultation with the Commissioner of Planning and Development and the City Solicitor be completed as soon as possible as requested by the Land Use Committee at its June 12, 1990 meeting.

 We appreciate the sensitivity with which the Land Use Committee has dealt with this matter. Thank you for your consideration.

 The Committee also submits the communication (undated) from Janet and Patrick Li:

 As we are unable to attend the City Services Committee meeting scheduled for November 16, 1990, we would like to hereby submit our views on the foregoing subject.

 While we are in general agreement with the recommendations outlined in the report by the Department of Public Works and City Property Department to City Services Committee (October 18, 1990), we would like to, nevertheless, emphasize on the following concerns:

 a.that the recommendation to incorporate the portion of the unopened laneway adjacent to our property, 75 Ellis Avenue, to the existing lease agreement which we hold with the City is vital in ensuring the primary means of access to our premise and therefore should be respected in any future decisions on the matter.

 b.that as landowners adjacent to the unopened laneway we be consulted in the installation of the chain link fence so that maximum consideration will be given to the protection of our privacy and the prevention of trespassers from using our property as a means of gaining access to the portion of the laneway adjacent to Grenadier Pond.

 Thank you for your attention.