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.
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DRAWN BY: E.L. I DATE: March 14, 2011
REPORT EGD-014-11
ATTACHMENT NO. 1