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HomeMy WebLinkAboutEGD-014-11Clar~~on REPORT Leading the Way - ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday March 21, 2011 Resolution #: C~~9-'~'.~i-(/ Report #: EGD-014-11 File #: By-law #: Subject: PROPOSAL TO CLOSE AND CONVEY A PORTION OF A ROAD ALLOWANCE (GIVEN ROAD) SITUATED IN LOT 30, CONCESSION 2, FORMER TOWNSHIP OF CLARKE Recommendations: It is respectfully recommended that. the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-014-11 be received; 2. THAT Council approve in principle the closure and conveyance of Given Road from Rudell Road to the east limit of future Pedwell Street, situated in Lot 30, Concession 2, former Township of Clarke (Attachment 1); 3. THAT Council authorize the publication of a notice that Council intends to declare part of the road allowance (Attachment 1) to be surplus and to pass a by-law to close that part of the road allowance; 4. THAT the applicant pay all legal, advertising, appraisal and land costs associated with this transaction; and 5. THAT Lidvest Properties (Clarington South) Ltd. Be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 REPORT NO.: EGD-014-11 PAGE 2 Respectfully by, Subn fitted by: A.S. Cannella Director of Engineering Services Kevlewed by: Franklin Wu Chief Administrative Officer ASC/jo March 14, 2011 REPORT NO.: EGD-014-11 PAGE 3 1.0 BACKGROUND 1.1 Lidvest Properties (Clarington South) Ltd. is the owner of lands situated on both the north side and the south side of Given Road in Newcastle between Rudell Road and future Pedwell Street. The lands located on the north side of Given Road have been draft approved for residential plan of subdivision 18T-89059 (Foster Creek North) and Authorization to Commence has been given for Phase 1. The developer has recently confirmed that they will construct Pedwell Street all the way to Highway 2 under the Phase 2 of Foster Creek North Subdivision, and they will construct a cul-de-sac at the west end of Given Road (east of Pedwell Street) as depicted in the Neighbourhood Plan (and which is a condition of draft approval). 1.2 The subject portion of Given Road can now be conveyed into private ownership to facilitate registration of the next phase of the subdivision plan and to finalize the road closure that was previously endorsed through the adoption of the Neighbourhood Plan. Lidvest Properties (Clarington South) Ltd. has submitted the. formal Application for Road Closure and Conveyance that is required under current municipal policy. 2.0 MUNIICPALITY POLICY AND PROCEDURES FOR ROAD CLOSURES 2.1 In accordance with the Municipality's Policy and Procedure for Road Closures, the Application For Road Closure And Conveyance has been submitted to the Municipality. The Director has made a determination that the road allowance is not required for public highway purposes and that the closure is necessary to facilitate development of a draft approved plan of subdivision. The Policy and Procedure for Road Closure further states that the applicant must pay anon- refundable application fee and obtain consent of the abutting property owners (none in this case). The Municipality must under By-Law 95-22; declare the land surplus and also determine whether the surplus property shall be sold by the acceptance of an offer from a member of the public in response to a tender, sold at its appraised fair market value to adjacent owners or exchanged for other property of equal or greater value. REPORT NO.: EGD-014-11 PAGE 4 Under the Municipality's Policy and Procedure, the Municipality must give notice of its intention to pass a by-law closing the road allowance, circulate the application. to all appropriate parties (Agencies and Utilities), and hold a public hearing prior to Council declaring the land surplus and passing a by-law closing the road allowance. 3.0 CONCLUSION 3.1 The Director of Engineering Services has determined that this portion of the road allowance (Given Road between Rudell Road and the future Pedwell Street) situated in Lot 30, Concession 2, former Township of Clarke is not required for the municipal road network. It is therefore recommended that Council direct staff to process the application to close and convey the subject land to Lindvest Properties (Clarington South) Ltd. Attachments: Attachment 1 -Key Map Interested parties to be advised of Council's decision: Lidvest Properties (Clarington South) Ltd. ~ ~--~~ J ............ ~.~`.ti. ........... .... .... ~.. `. ```` -_ ,-- .. v ,- i - _ v 'r ~ I , a a r ad Allowance_to be Closed and Conveved~ d I I ( f 7 1 111 ~, - - - -LIIIian Crescent - m Vi N R i L --._.. __- _ J.: ~ -- - Foster Creek Drive- - ---- 0 L L ~.n w 6 3 I ~ ~ U ~I C ~ W ~ ____ ,_ __- - _ ~_ _ ~I Stanford-Cresc 0 U r ..., -Doncaster Crescent _..m r F~~i i a NEWCASTLE o: 401 ~ L-~' - - KEY MAP N w~E S DRAWN BY: E.L. I DATE: March 14, 2011 REPORT EGD-014-11 ATTACHMENT NO. 1