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HomeMy WebLinkAboutEGD-012-07 Clw;pn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday February 19, 2007 Resolution #: 6 P f~ - I / ~ - 07 Date: Report #: EGD-012-07 File #: By-law #: Subject: PROPOSAL TO CLOSE AND CONVEY A PORTION OF OKE ROAD SITUATED IN LOT 32, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-012-07 be received; 2. THAT Council authorize the publication of a notice of application that the Municipality intends to pass a by-law to close that part of an unopen road allowance situated in Concession 2, between Lot 32 and Lot 33, former Township of Darlington, identified as Part 1, Plan 40R-23704 and Parts 10 and 11, Plan 40R-23561 and two parts of Oke Road which will be the subject of a subsequent R-Plan pursuant to Section 34 of the Municipal Act and By-Law No. 95-22; 3. THAT when Section 34 of the Municipal Act and By-Law No. 95-22 have been complied with, Council pass By-Law No. 2007-XX and declare those portions of the road allowance to be closed as a public highway and declared surplus; 4. THAT subject to Council's consideration of any representations made at the public meeting respecting the passing of by-laws declaring the subject lands to be closed as a public highway and declared surplus, Council pass By-Law No. 2007 -xx authorizing that the portion identified as Part 1, Plan 40R-23704 and Parts 10 and 11, Plan 40R-23561 and two parts of Oke Road which will be the subject of a subsequent R-Plan be conveyed to Halminen Homes for the appraised value; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 REPORT NO.: EGD-012-07 PAGE 2 5. THAT all costs of closure and conveyance be borne by the applicant; and 6. THAT Halminen Homes be advised of Council's decision. Respectfully by, JtLdL Submitted by: A.S. Cannella Director of Engineering Services o /--RLA~fi) _ r2Jk- Reviewed by: Franklin Wu Chief Administrative Officer ASC/jo January 9, 2007 REPORT NO.: EGD-012-07 PAGE 3 1.0 BACKGROUND 1.1 Halminen Homes has made application to close and convey two parts of a temporary turning circle located at the east end of Oke Road off Prestonvale Road as well as three remnant pieces of an unopen road allowance adjacent to the turning circle (see Attachment 1). This application has been made in order to construct the link from Oke Road off Prestonvale Road with Oke Road off Glenabbey Drive to facilitate the development of the Emily Stowe Neighbourhood. The application for closure and conveyance is in compliance with the original plan for this neighbourhood and has been endorsed by the Director of Engineering Services. 2.0 ADJACENT LAND OWNERSHIP 2.1 The adjacent land owner, 708545 Ontario Limited, is fully in agreement with this application and is a proponent (with the applicant) in a land division application and land exchange to complete the development of this neighbourhood. 3.0 PUBLIC NOTICE 3.1 Under the Municipal Act, the Municipality must give notice of its intention to pass a by-law stopping up and closing the road allowance and declaring it surplus. Under the Municipality's Policy and Procedure for road closure, the Municipality must circulate the application to all appropriate parties (agencies, utilities and municipal departments), hold a public hearing and, if Council approves, pass a by-law stopping up and closing and declaring the road surplus (see Attachment 2) and a by-law conveying the land to the applicant (see Attachment 3). 4.0 CONCLUSION 4.1 The Director of Engineering Services has determined that it would be appropriate to close and convey the parts of the temporary turning circle and the remnant pieces of unopen road allowance adjacent to Oke Road to Halminen Homes to facilitate the development of the remainder of the Emily Stowe Neighbourhood. All costs associated with the closure and conveyance, including land costs, will be borne by the applicant. REPORT NO.: EGD-012-07 PAGE 4 Attachments: Attachment 1 - Key Map Attachment 2 - By-law to stop up and close and declare surplus Attachment 3 - By-law to convey road allowance List of Interested Parties: Halminen Homes ['.!.! i I I I !"''''-", ! Foun~"~ .J"I", !,\\ 1_/ EMIL Y STOWE OUrt I i NEIGHBOURHOOD _~'.~ '^'.. f'.. f f I 0 <'" ~ G) I............ i I ~ iD ... ;:c ~ 7 Part 11 III I'" 0 C" III C" 40R-23561 ) Co ~ ....... '< .~-"...... c .~.... I lliii .,-, --- Part 10 -_. .., <' ........, 1 ~ i ._- 40R-23561: ....... / ./';ii ......... ..... ." i .~./ / "i! j '1 \, :/// ! "\"... i \ i ". ,( ..// ....1 ....J/. ~J Ok~ Road Two parts of Oke Road -..C....j7 ............ 1 .!!! r' I II subject to the preparation !:: : c: I of a future R-Plan \ 'I 0 ! Part 1 ...l........... ;; L 71 i 40R-23704 ""., I I / 1:/ I ".".,. Glenab'ey Drive r ! / I Future Residential 'I:;... j III! i i Future Resf :tential ...............7 Legend .............1 1 ~!I!!!!!!iirllt Road Allowances to be Closed & Conveyed ........... ... i "':: ~!Ei\ ..:.n~l~:~~~:[izj '<,..,..'V ~r: " lil nllte \) Viii 7;:~>> lV ". W~s /.J filA u ':{, ( :\1 ~!TmT~ ;>~/ 4-.... I~] fJ1li t-:I ! lIrrHHri1 ~' 1\:1; 1r :::::lllllliIiiW!!ii' mE;! ;I!~~~ oj ~I i ,:::rTlTif .7\ S 'g1! f:1Ll-t1 .... c ,... !.. ....... ~Y;., .....1 ..,. ' >< j S 'ite i~' !.-- 1':I:~u I ;y;, ~l!lll ::~;>] i~: t.,.. DRAWN BY: E.L. I DATE: February 12,2007 "f I- ". \ I;~~~(<:,: ,.. REPORT EGD-012-07 .... ..., / I~'oor st. I KEY MAP ~. A TT ACHMENT NO.1 !;it~E9~~r'C~1 Ii i G:\Attachments\Emily Stowe Land Exchange.mxd ATTACHMENT NO.: 2 REPORT NO.: EGD-012-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2007- Being a By-law to stop up and close as a public highway and declare surplus a portion of Oke Road identified as Parts xxx on Reference Plan 40R-xxxxx and unopen road allowance identified as Part 1 on Reference Plan 40R-23704 and Parts 10 and 11 on Reference Plan 40R-23561. WHEREAS the Council of the Corporation of the Municipality of Clarington at its meeting of xxxxxxx, 2007 approved the recommendations in Report EGD-012-07; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. That a portion of Oke Road identified as Parts xxx on Reference Plan 40R-xxxxx and unopen road allowance identified as Part 1 on Reference Plan 40R-23704 and Parts 10 and 11 on Reference Plan 40R-23561 are hereby stopped up and closed as a public highway and declared surplus. BY-LAW read a first and second time this xx day of xxxxxxx, 2007. BY-LAW read a third time and finally passed this xx day of xxxxxxx, 2007. Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT NO.: 3 REPORT NO.: EGD-012-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2007- Being a By-law to authorize the conveyance of a portion of Oke Road identified as Parts xxx on Reference Plan 40R-xxxxx and unopen road allowance identified as Part 1 on Reference Plan 40R-23704 and Parts 10 and 11 on Reference Plan 40R- 23561. WHEREAS the Council of the Municipality of Clarington at its meeting of xxxxxxx, 2007 approved the recommendations in Report EGD-012-07; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. That the sale and transfer to Halminen Homes of a portion of Oke Road identified as Parts xxx on Reference Plan 40R-xxxxx and unopen road allowance identified as Part 1 on Reference Plan 40R-23704 and Parts 10 and 11 on Reference Plan 40R-23561 is approved. 2. That the Mayor and Clerk are authorized on behalf of the Municipality to execute the transfers. By-law read a first and second time this xx day of xxxxxxx, 2007. By-law read a third time and finally passed this xx day of xxxxxxx, 2007. Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk