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Home My WebLink AboutWD-27-94V 5 ` THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # ~Gg ~~ Date: MAY 16, 1994 Res.#GPM"3~~-9~f By-Law # Report #: Lm~?~rd File #: Subject: REQUEST TO OPEN THE ROAD ALLOWANCE KNOWN AS AKED ROAD BETWEEN LOTS 4 AND 5, CONCESSION 8, FORMER DARLINGTON, FILE: D6.04.02 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-27-94 be received; 2. THAT the request from Mr. & Mrs. Penchoff to open approximately 263 metres (863 feet) of the road allowance between-Lots 4 & 5 in Concession 8, former Darlington Township (to be opened in conjunction with the 257 metres (843 feet) approved previously), be approved, in principle, FORTHWITH, subject to the applicant entering into an agreement with the Municipality to satisfy all the requirements of the Municipality, financial and otherwise and to construct the road to Municipal standards and in accordance with the requirements of the Public Works Department; and 3. THAT Mr. & Mrs. Penchoff be provided with a copy of Report WD-27-94 and be advised of Council's decision. REPORT 1.0 Attachment No. 1: Key Map Attachment No. 2: Correspondence dated May 2, 1994, from Mr. & Mrs. Penchoff. 1UO~ o.a. °®w~.~.E REPORT WD-27-94 PAGE 2 2.0 BACKGROUND 2.1 Mr. & Mrs. Penchoff have requested to open and construct the road allowance between Lots 4 & 5, Concession 8, former Darlington, from approximately 257 metres (843 feet) north of Concession Road 8 to 520 metres (1706 feet) north of Concession Road 8 (Attachment No. 2). 2.2 Approval, in principle, was granted to Mr. & Mrs. Walsh in 1990 to open and construct the road allowance between Lots 4 and 5, Concession 8, from Concession Road 8 to 257 metres north of Concession Road 8. Resolution GPA-140-90 was passed by .the General Purpose and Administration Committee on February 19, 1990: "TBAT the request from Mr. and Mra. Walsh to open approximately 257 metres (845 feet) of the road allowance between Lots 4 & 5 in Concession 8, former Darlington Township, be approved subject to Mr. and Mrs. Walsh .entering into an agreement with the Town to satisfy all requirements of the Town, financial and otherwise". 2.3 Mr. & Mrs. Walsh are in the process of having a design completed for the construction of the first 257 metres of road. Mr. & Mrs. Penchoff are considering purchasing the property directly to the north and abutting Mr. & Mrs. Walsh's property and wish to extend the road approximately 263 metres (863 feet) to service their property in order that they can also obtain a building permit (Attachment No. 1). 2.4 The total distance of road to be constructed is approximately 520 metres (1706 feet) with a turning circle at the north end of the road. 3.0 REVIEW AND COl4U;NT 3.1 Policy for Unimproved Roads By-law 84-27 established a policy for the construction and maintenance of unimproved roads. Sections 4 and 5 state the following: 1i~u2 REPORT WD-27-94 PAGE 3 4. Reconstruction of Unimproved Roads 4.1 The Town shall not perform construction on private or unopened roads. 4.2 The Town shall not reconstruct an unimproved road unless it is proven that said road is necessary as an integral transportation link in the Town's improved road system and is recognized by the Ministry of Transportation and Communication as being eligible for reconstruction subsidy. 4.3 Where it is proven that the construction of an unopened or unimproved road is necessary, such construction will be performed only at the expense of others either under a Subdivision Agreement, the Local Improvement Act or through private enterprise, provided that the road so constructed has said construction approved by the Council of the Town and is in accordance with the provisions of the appropriate Zoning By-law and Official Plan. 5. Construction of Buildings on Unimproved Roads 5.1 Building permits for buildings to be used on a year round basis shall be issued in accordance with the Zoning By- laws of the Town. 5.2 Where an applicant wishes to construct a building to be used on a year round basis on an unimproved road, the applicant must arrange for construction of said road in accordance with the requirements of Section 4.3 of this policy such that it can be redesignated as an improved public street. 3.2 The Municipal Act The proposal to open and construct the road allowance is subject to Sections 297 and 300 of the .Municipal Act which state, in part, that the Council may pass a by-law for establishing and laying out highways and for widening, altering or diverting any highway or part of a highway. Section 300, in summary, states that the by-law must be advertised and that a public hearing must be held. 1uu3 RBPORT WD-27-94 PAGE 4 Therefore, before assurances can be provided to the applicants that they can build the road, in addition to entering into an agreement with the Municipality, Council must pass a by-law authorizing the execution of an agreement and a public hearing must be held. 3.3 Opinion Approval, in principle, was granted to Mr. fi Mrs. Walsh in 1990, to open and construct the unopened road for approximately 257 metres (863 feet) in accordance with Town Policy. Considering today's maintenance requirements and cost to provide services to one household, and the fact that the road does not form an "integral link in the Town's improved road system", if the request from Mr. & Mrs. Walsh was submitted today, my recommendation would be to deny approval. In my opinion, it is not in the Municipality's best interest to open long. lengths of roads which provide access to only one or two houses. The recent request of Mr. & Mrs. Penchoff has been considered in conjunction with the Walsh proposal which was approved in 1990. Since the request from Mr. & Mrs. Walsh has been approved, it does not seem unreasonable to grant approval to Mr. & Mrs. Penchoff for the extension. 3.4 The Agreement with the Municipality to Construct the Road The applicants are required to enter into an agreement with the Municipality for the construction of the road. When the agreement is drafted, a further report and by-law to authorize the execution of the agreement will be presented for Council's consideration. ~uQ RBPORT WD-27-94 PAGE 5 3.5 Design and Construction Preliminary design is being completed for the subject road by the applicant's engineering consultant. A review of the preliminary drawings indicates that construction of the subject road will be very expensive due to the existing topography of the road allowance and surrounding property. Fill sections of up to 7.0 metres (23 feet) will be required. This will probably necessitate property acquisition on both the east and west side of the existing road allowance. The road crosses an existing creek which drains a large watershed area which could mean the placement of a relatively large culvert. 3.6 Estimated Cost of Construction The Walsh's engineering consultant's estimated cost of constructing the road is $149,000. This estimate includes design, construction and engineering costs and contingencies. This estimate does not include land acquisition, legal, survey and administration costs. My opinion is that the estimate is too low. 4.0 RECOMMENDATIONS Since approval was granted in 1990 to open the road approximately 257 metres (845 feet), it is recommended that approval be granted, in principle, to open and construct the road a total distance of 520 metres (1706 feet) provided that the applicants enter into an agreement with the Municipality to construct the road to Municipal standards and in accordance with Town policy. 105 REPORT WD-27-94 PAGE 6 Respectfully submitted, Reviewed by, ~. Walter A. Evans, P. Eng. W.H. Stockwell, Director of Public Works. Chief Administrative Officer. JCO:WAE May 4, 1994 pc: Mr. & Mrs. Sarl Walsh 759 Wesley Drive Oshawa, Ontario L1H 7X6 Mr. & Mrs. Ren Penchoff 210 Starr Avenue Whitby, Ontario L1N 3E3 Attachments 1OOb Donald MacMillan y. 14 Long Sault Road ~ c - RR#5 m Bowmanville, On. p l L1C 3K6 c Iv Robert Gossling ~. 39 Walter Avenue I ~ Toronto, On. Mop 2R7 ro ~. la IAT I ''. CON LEGEND -summer maintained roi d - - - - - - -existing year-round road -------lot lines 0 proposed construction of aked road C.OT 4 CON 8 Besk Properties Earl Penwarden RR#5 Bowmanville, On. L1C 3K6 263 etres Earl Walsh ;: 759 Wesley Road Oshawa, On. L1N 7X6 'f.I --: Charles penwarden Roman Pokosta RR#5 RR#5 Bowmanville, On. Bowmanville, on. ',-~ LiC 3K6 L1C 3K6 257 etres Ro ert Cameron 'i- RR 5 Bo manville, On. L1 3K6 Concession =--_- -- -___= 8 -~ ~- II III I IIIII II i I°= I I I I I I I I I I I , Im° Rood s7 I I e io a u s'o d I I I~ I I I I III III I I II to I I III I Is III III ~ n e si n o 8 _° II L~ < ° < ~ r N II t I I I II II I I I I I t I I l l I I I I I I I I I I I I n e si n a ~ n i R I I I I I I III I I I C: ATTACHS DARL AKEDRD.DWG ~ ~ ' ' ' ' ' ' ' I I ' I ' DRAWN BY: JM DATE: MAY 1994 I I l I l l l i I I I I; I III I ATTACHMENT NO.t KEY MAP REPORT N0. WD-27-94 1u1~7 .` . May 2, 1994. To whom it may concern: We are applying for approval of the extension of Aked Rd., north of Cons. #8, adjoining the Walsh property. The plans for the road have been submitted by D.M. Wills & Assoc. LTD. We would like to know if we may obtain permission to extend the road the hundred extra feet required beyond the Walsh property. We would kindly like this dealt with forthwith, as we have an offer to purchase the property pending on this decision of the road. Respectfu ly~rs/, ~`~ ~~~ ~~~~ Ken & Wendy Penchoff Home # (905) 668-1402 Bus. Ken # (416) 225-7701 c~H;TBy ~, ~r ~E ~ ATTACHMENT N0. 2 $EPORT NO.: WD-27-.94 1.J~,)~