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Home My WebLink AboutWD-41-86REPORT #10 TOWN OF NEWCASTLE REPORT File 13 Res. #. f >.r By -Law # METING: THE COUNCIL MEETING DATE: MAY 12, 1986 IZEPOftT #: WD -41 -86 FILE #: SU 'F-CT: THE GREAT ATLANTIC & PACIFIC COMPANY OF RTNOFA LIMITED ( THEQUEENSTREETSROADS) REQUEST FOR CLOSURE AND CONVEYANCE OF P ALLOWANCE BETWEEN LAMBERT STREET AND LIBERTY STREET IN BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended: 1. That this report be received; and, of Canada 2, That the request from The Great Atlantic o Phe1QueenolSpreet Road Ltd, for partial closure and conveyance Street in Bowmanville, be Allowance from Lambert Street to Liberty denied; and, 3. That a copy of this report be provided to the appl i cant . .,..2 Page 2 Report No. WD -41 -86 REPORT: A request has been received from the Great Atlantic & Pacific Company of Canada Ltd. (A & P) for the 'partial' road closure and conveyance of the northern half of the Queen Street Road Allowance from Liberty Street to Lambert Street to accommodate a proposed expansion of the Bowmanville A & P Store. The proposal being presented by A & P would have the northerly twenty -five (25) feet of the current fifty (50) foot right -of -way, Queen Street, closed and conveyed to A & P. A & P is proposing to then construct a service lane on the remaining twenty -five (25) feet of right -of -way by paving the entire twenty -five (25) feet. Town Policy states that: "Council may, in accordance with the Municipal Act, close, close and convey, or otherwise dispose of a municipal road allowance, highway, street, lane, walk, common or other right -of -way, which is deemed to be of no present or forseeable use to the Town of Newcastle "; arid, "The Director shall retain the option to recommend against the closure, or closure and conveyance, of a Municipal right -of -way in the event of the following: a) It can be demonstrated that the disposal of the lands would be detrimental to the Municipality, to area residents, to other agencies, or to the public at large ". The obvious service and maintenance constraints imposed by such a proposal are unacceptable -to the Public Works Department; any repair to underground services would be severely hampered; the absence of snow storage area would prevent conventional winter maintenance operations, etc. The proposed site plan does designate a sodded area at the north east corner of Queen Street and Liberty Street for snow storage, however, site line problems would be created imposing an additional maintenance burden on the Town. ...2 Page 3 Report No. WD -41 -86 Further, the constricted nature of the service lane is also a concern as an access to the proposed expanded Bowmanville Memorial Hospital. This route is a main route used by the ambulance service, and with recent closure and conveyance of Lambert Street to the Hospital it is even more vital. It is recommended that the request for a closure and conveyance of the north half of Queen Street road allowance from Lambert to Liberty, leaving the south half in Town ownership, be denied. The option of a full road closure with conveyance of the north half to A & P and the south half to the Bowmanville Hospital would be an alternative to be considered. Some service relocation and establishing of easements would be required. The conveying of the south half of the road allowance to the Bowmanville Hospital would allow the hospital to have a private entrance and ambulance access at this location without municipal involvement (liability or maintenance). Although it would be very difficult for staff to say that this section of Queen;s Street which provides local access to a Regional Road (Liberty Street) is of "no present or foreseeable use to the Town of Newcastle ", this alternative would be preferrable to the partial closure option. if Council wishes to approve a full road closure, it is recommended that: A & P be so notified; and, that A & P be required to forward a further $250.00 to complete the road closure transactions; and, that A & P be required to pay for and arrange all necessary service relocations and easements. ....4 Page 4 Report No. WD -41 -86 During conversation with Mr. C.S. Horler of the Great Atlantic and Pacific Company of Canada Ltd., the two other options of expansion that were considered were unacceptable to the A & P Management Board. Briefly, Mr. Horler explained that i) some limited expansion and renovations were possible on the existing site but the size of the store would have to be somewhat downsized from the desired 25500 sq.ft. facility; and, ii) the construction of the proposed sized facility on the existing site would require the closing of the business for six to eight months to accommodate construction. Mr. Horler has expressed a desire to address the G.P.A.C. or Council regarding their request. Respectfully submitted, Gordon J. Ough, P. Eng., Director of Public Works. GJ 0 : j co April 30, 1986. ,., V�� II ..'I trt yuwut cr ., Duo �. L&A b CU,1 c T 4 N14N WAY to j hCC LA �J i =i' ��c+�''. \\,� I � �..,_� � y • - ,� �� ,ter" G y N 4O •, CNTA.RIC BOWMANVILLE li Corporation of the Town of Newcastle Public Works Department Municipal Building Scugog Street Hampton, Ontario LOB 1JO The Great Atlantic & Pacific Company of Canada Limited Canadian Headquarters 5559 Dundas Street West, Islington, Ontario M913 1139 416 - 239 -7171 Attention: Mr. Gordon Ough Director of Public Works Dear Sir.: Mailing Address P.O. Box 68 Station 'A' Toronto, Ontario M5W lA6 Via Courier Re: A &P Premises - King & Liberty Streets, Bowmanville Over the last few months we have been working with Mr. Edwards, Director of Planning for the Town of Newcastle, to obtain the necessary approvals for us to proceed with the construction of a new supermarket in the Bowmanville urban area of Newcastle. To facilitate this development, it is required that we approach the Town of Newcastle for a partial road closure; and to this end, I attach a Petition to Council requesting that a portion of Queen Street, to the rear of our site, be closed and conveyed to our company to permit the new development. Mr. Edwards is fully aware of our intentions at this location and has our current plans on file should you wish to review them with biro. Wo appreciate that there are certain questions which your office will have on this proposed development, and we would be pIoa:>ed to meet at your convenience to discuss same. In the intc,r.im, we would appreciate our petition being forwarded to Council at the earliest opportunity as the Council's decision will effect the critical piece of land which will permit the development to proceed or not. We await your advice.- Yours truly, THE GREAT ATLANTIC & PACIFIC COMPANY OF CANADA LIMITED C. J. HorIer Vice - President Store Design & Construction CJH /rk The Great Atlantic & Pacific Company of Canada Limited Canadian Headquarters 5559 Dundas Street West, Islington, Ontario M913 1139 416- 239 -7171 PETITION TO COUNCIL Mailing Address P.O. Box 68 Station 'A' Toronto, Ontario M5W IA6 For the partial closure and conveyance of a municipal road allowance known as Queen Street located between Lambert and Liberty Streets in the former Town of Bowmanville and as shown on attached plan #311 -PL, dated 1986--03-06. We, the undersigned, having legal option of the property abutting the road allowance (Queen Street) for the distance of 255.75' between Lambert & Liberty Streets, do hereby petition the Council of the Corporation of the Town of Newcastle to close the portion of the allowance being 25' -0" wide (northern half of the present allowance) by by -law and convey the said portion to the Great Atlantic & Pacific Company of Canada Limited in accordance with the terms and conditions of Municipal Act 301, Chapter 302, RSO 1980. We hereby agree that upon Council approval of this petition, we would include said property in an application for Site Plan Agreement to facilitate the construction of a new A &P supermarket as shown on the above - mentioned plan, and agree to register the Site Plan Agreement together with a plan of survey, and accept responsibility for any costs included in finalizing any and all transactions involved in t_he closure and conveyance of the land gained. We further undertake to repave the southern portion of Queen Street to replace the portion of travelled roadway presently centered on the Queen Street road allowance. This petition is accompanied by a cheque in the amount of $250 with agreement to pay the balance of $250 upon completion of the transaction for the administration of the petition. C.J. Horler Corporate Vice - President Store Design & Construction