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HomeMy WebLinkAboutPWD-010-22Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: March 28, 2022 Report Number: PWD-010-22 Submitted By: Reviewed By: File Number: Stephen Brake, Director of Public Works Mary -Anne Dempster, CAO Resolution#: PD-050-22 Report Subject: Access to Rundle Road Property Recommendations: By-law Number: 1. That Report PWD-010-22 and any related communication items, be received; and 2. That all interested parties listed in Report PWD-010-22 and any delegations be advised of Council's decision. Municipality of Clarington Report PWD-010-22 Report Overview Page 2 In response to a delegation at the Planning and Development Committee meeting on March 7, 2022, Staff have prepared this report to provide a recommendation regarding the options presented by Mr. and Mrs. Diskey to provide access to their landlocked property located east of Rundle Road and north of Nash Road. 1. Background 1.1 Mr. and Mrs. Diskey made a written submission to the Mayor and Council, dated February 24, 2022, and appeared as a delegation at the Planning and Development Committee on March 7, 2022, to request use of an unopened Right -of -Way (ROW) to access their landlocked parcel of land located east of Rundle Road and north of Nash Road. To Staff's knowledge, the Diskey's have owned the subject property since 2010 and are proposing to build a residence on the tableland. The Diskeys presented four (4) options to access their property using the unopened ROW and indicated that Option four (4) was their preference (see Attachment 1). Option four (4) was for the Municipality to provide an easement along the unopened municipal ROW without additional services. Staff were requested to report back to Council on the presented options. 1.2 Prior to their delegation, the property owners reached out to Staff to request access to their property. Staff summarized this communication in Memo-011-22 to the Planning and Development Committee agenda on March 7, 2022. 2. Access Options 2.1 Staff provide the following comments in response to each of the Diskey's proposed options to access their property and offer additional options. Option 1 — Improve ROW to Municipal Standards 2.2 To provide access to an opened ROW, the road must be extended a minimum of +/-213 metres from Rundle Road to the west property line. It must be constructed to Municipal standards and must also include culvert installation, tree and vegetation clearing, replacement of any traffic signs and dead-end barricades/gate. A Stormwater management brief must also be included to design how the road will drain and determine an appropriate outlet location. It must be approved by the Director of Public Works and must meet the criteria described in the Municipality Design Guidelines and Standard Drawings. These works would be the responsibility of the property owner. In addition, the Municipality would be responsible for operation and maintenance of the road once the warranty period has passed and the work deemed acceptable. The Public Works Department receives several similar requests for similar situations. Our policy is Municipality of Clarington Report PWD-010-22 Page 3 not to improve ROWs until it is deemed an integral part of our transportation network. In general, for areas outside of the urban boundary, not enough information is available to make that determination, currently. Option 2 — Lease the road allowance 2.3 If the Municipality were to lease the road allowance, the delegate would still not meet the Zoning By-law requirement for residential access as the delegate would not have permanent frontage on an open road. Option 3 — Declare ROW surplus and close and convey 2.4 Similarly, Staff have received this request for numerous different ROWs over many years. As previously stated, there is not sufficient information to determine if the unopened ROW is an integral part of our transportation network. In all likelihood, the unopened ROW will be needed at some time in the future when development moves forward. Therefore, Staff cannot declare this unopened ROW as surplus at this time. Option 4 — Provide an Easement for Access 2.5 The Municipality currently does not enter into access easements across unopened ROWs. Staff have also received this request for numerous different properties over many years. The easement agreement would not be recommended as the Municipality would not want to encumber or otherwise put the property at risk. Until there is sufficient information to determine if the unopened ROW is an integral part of our transportation network, giving up control to accommodate one particular property owner, over the potential needs of many, is not recommended. Other possible options for Access 2.6 Staff continue to recommend that the delegates reach out to adjacent property owners and enter into an agreement to complete a lot line adjustment for a width of at least six (6) metres to provide access to the property (this will still require a variance from zoning provisions). 2.7 There are five properties with access to the opened ROW of Rundle Road adjacent to this property where access could be provided. 2.8 On the east side, the delegates could investigate obtaining access through those adjacent properties. The access would need to go through three (3) separate properties to reach Holt Road which could be difficult. It also appears that a water crossing would be required which would further add to the difficulty. 2.9 Both north and south access does not seem feasible due to proximity. Municipality of Clarington Report PWD-010-22 3. Concurrence Page 4 This report has been reviewed by the Director of Planning and Development Services and the Director of Legislative Services who concur with the recommendations. 4. Conclusion It is Staff's opinion that none of the four (4) options presented to Council are viable and/or desirable for the Municipality. As such, it is respectfully recommended that Council simply receive the Diskey's delegation and the written request. This would confirm that access to their property would not be provided in any way through the unopened ROW and their best course of action would be to continue to reach out to adjacent property owners along Rundle Road for a lot line adjustment to provide access to their property. Staff would note that the Diskey's are encouraged to undertake a formal Pre -Consultation with the Municipality and the Region of Durham so as to obtain a fulsome understanding of the land division and zoning applications they will most likely require to be able to proceed with the lot line adjustment option. Staff Contact: Karen Richardson, Manager, Development Engineering, 905-623-3379 x2327 krichardson@clarington.net. Attachments: Attachment 1 — Letter from Diskey Delegation Interested Parties: The following interested parties will be notified of Council's decision: Mr. and Ms. Diskey Thursday February 24, 2022 Attachment 1 to Report PWD-010-22 Mayor Foster and Members of Council, We are the owners of a 50-acre parcel of land in the Municipality of Clarington; CON 3 Pt Lot 22, Roll number 010 090 03700 0000. The acreage is located approximately 600 feet off Rundle Road, South of Taunton Road and North of Nash road. Access to the property is through an unmaintained road allowance from and to the east of Rundle Read. Please see zoomed out map image attached, for location. We have been exploring opportunities over the past few years to build on this property, and contacted CLOCA regarding whether we would be permitted to build on the land, based on environmental factors. CLOCA indicated that there are in fact areas on the property that we would be able to build a home. We have investigated options for acquiring a driveway to our property from Rundle Road, We approached several of our neighbors, whose properties share our westerly boundary. We wanted to explore with them the idea of purchasing a small parcel of their land to use as a driveway, which would allow for a possible boundary adjustment anal provide us with frontage on Rundle Road. We also explored boundary adjustments that would allow for frontage and a building site on Rundle Road. These inquiries were not fruitful. We have also consulted with Municipal Staff in the Planning Department and have requested and paid for a consultation. We have investigated the possibility of gaining access to the property through the unmaintained road allowance. Initial communication with staff has not been favorable for moving options forward with respect to purchasing, upgrading or leasing the road allowance, which leads to our request today. Our goal is to be able to build a home on the north portion of the property. The northern portion is an eleven -acre field, balled every year, adjacent to the road allowance, and is not within any flood plain. CLOCA has indicated that we may be able to build there. The attached zoomed in map shows the 11-acre area, which is the proposed building site, as well as the existing unmaintained road allowance. We would litre to ask that the municipality approve one of the following options, to allow for a residence on the property- 1 . Improve the road allowance to a rural municipal standard, and classify it as a maintained road. 2. Lease us the road allowance, which we will use as our driveway and improve at our cost. The land can revert to the municipality when it is necessary to develop a maintained road in that space. 3. Determine the road allowance surplus and sell us the road allowance, adjusting our property boundaries to include the roadway. 4. Provide us with an easement, without a request for additional services. Again, we are kindly requesting that Glarington Council approve one of the options presented above, or any other solution you deem appropriate, which would allow us access to our property in order to build a home. We will follow up with Mayor Foster and the Ward Councilors individually, and will request a delegation at the Planning and Development Committee. Thank you for your consideration in this matter, Mr. & Mrs. Ron Diskey 952 Red Deer Avenue, Oshawa, On Ll K OC4 ri'd i skey(a7gmai l.co m Map (Zoomed out) s 1; s ° a p`oN�3 pc °t 22 G N { Nash R°ad Map (Zoomed In) rco- 3 Mc�t2� locls -at the PTO \Nei 'sheta vJ ILO�°u\d 1 ke \300.