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Home My WebLink AboutEGD-030-07 , , Clw:illgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday March 5, 2007 Resolution #: 6 PA. 171.(' 07. Report #: EGD-030-07 File#: By-law #:~ Subject: PROPOSAL TO CLOSE PARTS 13 AND 15 ON PLAN 40R-16730 AS A PUBLIC HIGHWAY AND AUTHORIZE THEIR TRANSFER TO HALLOWAY HOLDINGS LIMITED Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-030-07 be received and approved; 2. THAT subject to Council's consideration of any representations made at the public meeting to consider its intention to pass a by-law closing Parts 13 and 15 on Plan 40R-16730 as a public highway, Council pass such a by-law (Attachment 2); 3. THAT subject to Council's consideration of any representations made at the public meeting respecting the passing of by-laws declaring Parts 13 and 15 on Plan 40R-16730 to be surplus, Council pass a by-law declaring Parts 13 and 15 to be surplus (Attachment 3); 4. THAT Council pass a by-law authorizing the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute a transfer Parts 13 and 15 on Plan 40R-16730 to Halloway Holdings Limited for a consideration of $940.00 (Attachment 4); 5. THAT the applicant pay the costs associated with the closure of Parts 13 and 15 on Plan 40R-16730 as a public highway and the costs of this transaction all as set out in this report; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 Report #EGD-030-07 Page 2 6. THAT Staff be authorized to take all necessary action to implement the intent of th is report; and 7 . THAT Halloway Holdings Limited be advised of Council's decision Respectfully by, ~ Submitted by: A.S. Cannella --. Director of Engineering Services o~~ Reviewed by: Franklin Wu Chief Administrative Officer ASC~o February 27, 2007 Report #EGD-030-07 Page 3 1.0 BACKGROUND 1.1 Halloway Holdings Limited ("Halloway") is the owner of lands located between Regional Highway No. 2, Green Road, a portion of an unopened Concession 2 Road Allowance on which is part of the planned Stevens Road Extension is to be constructed and Clarington Boulevard ("Halloway lands"). The Halloway lands are shown on the Key Map contained in Attachment 1. 1.2 As explained in Report #PSD-032-07, the Halloway lands are located in the Bowmanville West Town Centre. Official Plan Amendment 44 and Zoning by-law 2006-047 apply to the Halloway lands. Official Plan Amendment 44 deleted the previous Bowmanville West Main Central Area Secondary Plan provision regarding the north-westerly extension of Uptown Avenue north-westerly through part of the Halloway lands and replaced it with the planned Stevens Road Extension. Report #PSD-032-07 also refers to the Servicing Agreement, as amended, which is discussed below. 1.3 Under the provisions of the Servicing Agreement as amended by the Second Amending Agreement dated June 2, 2003 between the Municipality, Willsonia Industries Limited and Halloway respecting the former Wi/lsonia lands located on both sides of Clarington Boulevard, the portion of Clarington Boulevard between Regional Highway No. 2 and the northerly limit of the intersection of Clarington Boulevard and Uptown Avenue, had been transferred to the Municipality and constructed by Willsonia at its cost. 1.4 The portion of Clarington Boulevard referred to in this paragraph 1.4 together with Parts 13 and 15 on Reference Plan 40R-16730 have been established and dedicated as a public highway by By-law 2004-101. 1.5 Parts 13 and 15 shown on Plan 40R-16730 are located on the westerly side of Clarington Boulevard (Attachment 2). The lands within these Parts were intended to function as sight triangles at the intersection of the then proposed north- westerly extension of Uptown Avenue from Clarington Boulevard. Report #EGD-030-07 Page 4 1.6 Since Uptown Avenue will not be extended north-westerly from Clarington Boulevard, Parts 13 and 15 on Plan 40R-16730, which have a combined area of 15.21 square metres, are surplus to the requirements of the Municipality. 1.7 Since Parts 13 and 15 on Plan 40R-16730 have been dedicated as a public highway with the portion of Clarington Boulevard between their northerly limits and Regional Highway No.2, for the Parts prior to Council declaring them to be surplus pursuant to section 268 of the Municipal Act, 2001, Parts 13 and 15 would have to be closed as a public highway by by-law passed pursuant to section 34 of the Municipal Act, 2001. 1.8 Report #PSD-032-07 recommends that Council declare surplus and authorize the transfer for a nominal consideration of the lands comprising Parts 2, 3, 4, 5 and 6 on Reference Plan 40R-24257 to Halloway. The transfer for a nominal consideration was specified in paragraph 10 of the Principles of Understanding between Halloway and the Municipality dated March 1, 2006. However, the Principles of Understanding do not address the sale of Parts 13 and 15 on Plan 40R-16730 to Halloway and the consideration to be paid by Halloway to the Municipality for them. 1.9 For the reasons set out in Report #PSD-032-07, an appraisal of the market value of Parts 13 and 15 on Plan 40R-16730 is not required under section 268(8) of the Municipal Act, 2001 and the Municipality's By-law 95-22 governing the sale of land. 2.0 RECOMMENDA liONS AND CONCLUSION 2.1 It is recommended that subject to Council's consideration of any representations made at the public meeting respecting the proposed by-law, Council pass a by- law closing Parts 13 and 15 on Plan 40R-16730 as a public highway (Attachment 2) and direct Staff to register a certified copy of this By-law in the Land Registry Office pursuant to section 34 of the Municipal Act, 2001. Report #EGD-030-G7 Page 5 2.2 It is recommended that if Council passes the by-law to close Parts 13 and 15 on Plan 40R-16730 as a public highway, Council pass a by-law declaring Parts 13 and 15 to be surplus pursuant to subsection 268(3) of the Municipal Act, 2001. 2.3 If a by-law is passed closing Parts 13 and 15 on Plan 40R-16730 as a public highway and the Parts are declared surplus, the Municipality's Solicitor advises that a sale of them to the abutting owner, Halloway, will not require that an appraisal of their fair market value be obtained under either subsection 268(3) of the Municipal Act, 2001 or the provisions of the Municipality's By-law 95-22 which establishes procedures governing the sale of land. 2.4 Because of the small area of Parts 13 and 15 on Plan 40R-16730 (a total of 15.21 square metres) the cost of an appraisal could approximate the market value of the Parts. 2.5 It is recommended that Council establish the consideration to be paid by Halloway to the Municipality at $940.00. In addition to payment of the consideration, Halloway will be required to pay to the Municipality the costs of advertising, reasonable legal and other costs which are associated with complying with the requirements of By-law 95-22 and sections 34 and 268 of the Municipal Act, 2001. Attachments: Attachment 1 - Key Map Attachment 2 - By-law to close Parts 13 and 15 on Plan 40R-16730 as a public highway Attachment 3 - By-law to declare Parts 13 and 15 on Plan 40R-16730 to be surplus Attachment 4 - By-law to authorize the transfer to Halloway Holdings Limited Future Home Depot Site ------ ---- 'tl ... ~ ~ Q,l :; = = = = bJJ = 'C ~ o ll' ----------- 19hWay I\r --- ~-~ ------------ Road Allowance between Concessions 1 & 2 Uptown Avenue Existing East Side Mario's and Cinemas -- Parts 13 and 15 (Plan 40R-16730) to be Closed and Conveyed DRAWN BY: E.L. lV W~E S DATE: February 26, 2007 REPORT EGD-030-07 ATTACHMENT NO.1 G:\Attachments\UptownAve.mxd ATTACHMENT NO.:2 REPORT NO.: EGD-030-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NO. 2007. being a by-law to close Parts 13 and 15 on Plan 40R-16730 as a public highway pursuant to section 34 of the Municipal Act, 2001, S.O. 2001, c.25, as amended WHEREAS at its meeting on April 28, 2004, Council of the Municipality of Clarington passed By-law 2004-101 which established, laid out and dedicated as a public highway certain lands which included Parts 13 and 15 on Plan 40R-16730; and AND WHEREAS Council has determined that Parts 13 and 15 on Plan 40R-16730 should be closed, NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT Parts 13 and 15 on Plan 40R-16730 are hereby closed as a public highway pursuant to section 34 of the Municipal Act, 2001, S.O. 2001, c.25, as amended. By-law read a first and second time this day of ,2007. By-law read a third time and finally passed this day of ,2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT NO.:3 REPORT NO.: EGD-030-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a by-law to declare Parts 13 and 15 on Plan 40R- 16730 surplus pursuant to section 268(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended WHEREAS at its meeting on April 2, 2007, Council of the Municipality of Clarington received and approved Report #EGD-030-07, NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT Parts 13 and 15 on Plan 40R-16730 are hereby declared surplus pursuant to section 268(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended. By-law read a first and second time this day of ,2007. By-law read a third time and finally passed this day of ,2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT NO.:4 REPORT NO.: EGD-030-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to authorize the transfer to Halloway Holdings Limited WHEREAS at its meeting on April 2, 2007, Council of the Municipality of Clarington received and approved Report #EGD-030-07, NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Municipal Clerk on behalf of the Municipality of Clarington are authorized to execute a transfer of Parts 13 and 15 on Plan 40R-16730 to Halloway Holdings Limited for the consideration of $940.00. By-law read a first and second time this day of ,2007. By-law read a third time and finally passed this day of ,2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk