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Home My WebLink AboutEGD-003-17Clarftwn Engineering Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: January 23, 2017 Report Number: EGD -003-17 Resolution: File Number: By-law Number: Report Subject: Proposed Road Closure and Conveyance between 10 and 12 Fourth Street, Bowmanville Recommendations: 1. That Report EGD -003-17 be received; 2. That the unopened road allowance between 10 Fourth Street and 12 Fourth Street, Bowmanville, be closed; 3. That the property municipally known as 12 Fourth Street be declared surplus to the Municipality's needs; 4. That Council approve the conveyance of the west 3.62 metre wide (105 square metres) portion of the unopened road allowance to the owners of the adjacent lands at 10 Fourth St., Bowmanville; 5. That all remaining lands be disposed of through a public process as outlined in By-law 2011-11, Land Disposition; 6. That Council pass the necessary by-laws to implement the closure of all and the conveyance of some of the unopened road allowance (see Attachment 3); and 7. That all interested parties listed in Report EGD -003-17 and any delegations be advised of Council's decision. Municipality of Clarington Report EGD -003-17 Report Overview Page 2 There is currently a 7.24 m wide unopened road allowance between a single family dwelling at 10 Fourth Street, Bowmanville and a vacant parcel at 12 Fourth Street, Bowmanville (which is currently owned by the Municipality). The owners of 10 Fourth Street have requested that the Municipality close and convey (to them) all or part of the unopened road allowance to legalize the access to their home since their driveway is currently located on the unopened road allowance and has been for a number of years. In this report, staff recommend the closure of the unopened road allowance, the conveyance of part of the road allowance and the disposition of the remaining part of the road allowance along with the vacant parcel known as 12 Fourth Street. 1. Background There is currently a 7.24 m wide by 29.09 m deep unopened road allowance between 10 Fourth Street and 12 Fourth Street, Bowmanville. (See Attachment 1) The property at 10 Fourth Street is comprised of a single family dwelling. The property known as 12 Fourth Street is a vacant parcel which the Municipality acquired through a vesting order from the Ontario Superior Court of Justice in 2011 and which was one of several remnant parcels in a subdivision acquired by the Municipality from the Developer at that time. In 2015, the Municipality reconstructed Fourth Street, and provided water, sanitary and storm sewer stubs to the property line of 12 Fourth Street in anticipation of future development. The Director of Engineering Services has deemed that the unopened road allowance will not be required for the future transportation network since the road allowance is too narrow to accommodate a standard local Municipal road, and the lands to the north of the end of the road allowance have been developed; therefore, no road will extend into those lands. The owners of 10 Fourth Street have requested that the Municipality close and convey all or part of the unopened road allowance to them, primarily because their driveway was built many years ago on the unopened road allowance. They wish to legalize their driveway by purchasing all or part of the road allowance. Further, at some point in time (between 2002 and 2005), a shed was built on the unopened road allowance (no building permits were obtained at the time). This second accessory building exceeds the lot coverage allowed (10%) in the zoning by-law. Acquiring approximately half the road allowance will bring the owners of 10 Fourth Street into conformity with the lot coverage. Since the Municipality owns the adjacent vacant parcel (12 Fourth Street), staff arranged for an appraisal for the unopened road allowance and the vacant parcel and an R -plan for the unopened road allowance. Municipality of Clarington Report EGD -003-17 2. Proposal Page 3 After thoroughly investigating this matter, staff recommend that the Municipality sell 3.62 m. along the west side of the road allowance to the owners to the west and add the remaining 3.62 m. to 12 Fourth Street (see Attachment 2). This scenario would allow the owners to retain their driveway, fence and shed. This would further result in the Municipality retaining a lot with a (combined) frontage of approximately 16.44 m. at 12 Fourth Street which could be sold for a single family dwelling. The property at 10 Fourth Street would have a resultant lot width of 19.87 m. In order to retain the character of the neighbourhood, staff further recommend that a condition of the transfer would be that 10 Fourth Street be subject to a restrictive covenant prohibiting any future redevelopment of the lot into anything other than a single family dwelling. 3. Road Closure Council has followed the Municipality's Road Closure Policy for many years when applications for road closure and conveyance have been received. The policy outlines several steps which are to be taken prior to Council passing a by-law to close a road allowance. The Engineering Services Department must circulate a notice of intent to close the road allowance to "all appropriate parties and agencies". Correspondingly, staff undertook an internal circulation to the Mayor, CAO and all department heads identifying the road allowances intended to be closed. Further, staff undertook an outside circulation to all utilities, Conservation Authority, the Region of Durham and provincial and federal agencies requesting that they identify any objections or required easements. Since the receipt of the Application to Close and Convey the unopened road allowance from the owner of 10 Fourth Street, staff have circulated a notice of intent to close the road allowances to all parties listed. No objection was received from any individual, agency or utility. However, there is a Rogers cable and Bell cable across the back of the lots on Fourth Street (close and parallel to the north property line) which will require that an easement be granted to the utilities. Staff are working with the utilities to define that easement; however, the easement will not affect the developability of 12 Fourth Street. It is the Municipality's policy to obtain the consent of the adjacent property owners prior to closing and conveying a road allowance. In this case, one adjacent property owner is requesting that the Municipality close and convey all or a portion of road allowance. The Municipality is the other adjacent property owner. The Municipality is not required to follow any procedure to close an unopened road allowance according to the Municipal Act, 2001. 4. Concurrence This report has been reviewed by the Director of Planning Services and the Municipal Solicitor who concur with the recommendations. Municipality of Clarington Report EGD -003-17 5. Conclusion Page 4 It is respectfully recommended that Council close the unopened road allowance between 10 Fourth Street and 12 Fourth Street, Bowmanville and declare 12 Fourth Street surplus to Municipal needs. It is further recommended that the Municipality convey a 3.62 m. width of the road allowance to the adjacent property owners at 10 Fourth Street for the appraised value plus applicable costs. The land values are included as Confidential Attachment 4. The remaining Municipally owned lands are further recommended to be sold as per the process outlined in Bylaw 2011-11. A subsequent report to Council on the recommended property disposal(s) will be forthcoming once firm offers are received. 6. Strategic Plan Application Not applicable. Submitted by: --- Xnthnyv Oannel a, Director of Engineering Services Reviewed by: Curry Clifford, MPA, CMO Interim CAO Staff Contact: Leslie J. Benson, Manager, Development Engineering and Traffic, 905-623- 3379 ext. 2304 or Ibenson@clarington.net Ibenson@clarington.net ASC/LJB/nl Attachments: Attachment 1 — Site Map Attachment 2 — Proposal Attachment 3 — Draft By-law to authorize the closure and conveyance of a road allowance and the conveyance of a road allowance Attachment 4— Confidential - Land Values ' L V W U L E X W H G 8 Q G H U The following is a list of the interested parties to be notified of Council's decision: Tammy Luscombe and Jason Freake NO 10 f. ,UNOPENED R.O.W. U W O � a BOWMANVILLE Longworth Ave. 12 �V 11ELO.UR ST I w *_s DRAWN BY: Fourth St. E. L. DATE: Jan. 23, 2017 REPORT EGD -003-17 ATTACHMENT No. 1 FILE NAME: KEY MAP Fourth St CloseConvey 1.mxd J:\Engineering\AttachmentsWttachments Post ESRI Upgrade\Fourth St CloseConvey 1.mxd T BOWMANVILLE Longworth Ave. I- LO 11/2JUnopene-d to be Co_-:ney and #,12" " Four 1 1 k dk 10 12 DRAWN BY: Fourth St. E.L. DATE: Jan. 23, 2017 REPORT EGD -003-17 ,N ATTACHMENT No. 2 0 L- 'p Q.1 FILE NAME: KEY MAP lFourth St CloseConvey 3.mxd J:\Engineering\AttachmentsWttachments Post ESRI Upgrade\Fourth St CloseConvey 3.mxd Municipality of Clarington Attachment 3 to EGD -003-17 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2017 -XXX Being a by-law to authorize the closure and conveyance of a road allowance Whereas the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD -003-17, and deems it desirable to pass this by-law; and Now therefore be it enacted and it is hereby enacted as a by-law of the Corporation of the Municipality of Clarington as follows: 1. That the property described as part of the unopened road allowances created by Plan 657, being Part of Lot 12, Concession 2, now Parts 1 and 2 on Plan 40R-XXXX, (in the former Town of Bowmanville), now in the Municipality of Clarington, is hereby closed; and 2. That the Municipal Solicitor be authorized to take all action necessary to effect the transfer of Part 1 and Part 2 on Plan 40R-XXXX. By-law passed in open session this day of , 2017. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk