HomeMy WebLinkAboutEGD-024-13 Clarftwn REPORT
ENGINEERING DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 24, 2013 Resolution#: -.3 By-law#:
Report#: EGD-024-013 File#:
Subject: PROPOSAL TO CLOSE AND CONVEY A PORTION OF A ROAD ALLOWANCE
(MCKNIGHT ROAD) SITUATED BETWEEN LOTS 26 & 27, CONCESSION 1,
FORMER TOWNSHIP OF DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-024-13 be received;
2. THAT Council approve in principle the closure and conveyance of McKnight
Road from the south side of Courtice Court to the south end at Highway 401;
3. THAT the applicant pay all advertising, legal, appraisal and land costs
associated with this transaction; and
4. THAT Waste Management of Canada Corporation be advised of Council's
decision.
Submitted by: Reviewed by:
A.S. Cannella, C.E.T. Franklin Wu,
Director of Engineering Chief Administrative Officer
Services
ASC/LJB/dv
June 12, 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: EGD-024-13 PAGE 2
1.0 BACKGROUND
1.1 Earlier this year, a representative of Waste Management of Canada Corporation
(WMCC) contacted municipal staff with respect to the potential closure and
conveyance of an open portion of McKnight Road from the south side of Courtice
Court south to the dead end at Highway 401. The road is approximately 20m X
200m (see Attachment 1). WMCC lands are located on the east side of the
subject road which only serves those lands. Vacant lands on the west side of
McKnight Road were created through severance applications.
There is a 0.3m reserve along the frontage of the lands on the west side of
McKnight Road as there was never any intention of the Municipality to permit
access to these lands off McKnight Road: only Courtice Court.
1.2 WMCC has applied to close and convey the road allowance in light of the recent
expropriation notice from MTO for a portion of WMCC'S lands (see Attachment 2)
which are required for the construction of the Highway 407 East Durham Link.
The expropriation will necessitate the relocation of the weigh scales which are
located on the south side of the transfer station (see Attachment 2). A
representative of WMCC has stated that there is not sufficient area on site to
relocate the scales due to turning movements required for incoming and exiting
trucks (some as long as 60ft). WMCC proposes to locate the scales on the road
allowance at the south end which will weigh loads prior to trucks making a left
turn into the WMCC property to access the transfer station.
1.3 The Director of Engineering Services has determined that this portion of
McKnight Road is not required to be maintained as part of the Municipality's road
network as it only serves one property: the applicant.
2.0 POLICY AND PROCEDURE
2.1 In accordance with the Municipality's Policy and Procedure for Road Closures, in
addition to the submission of the application and the payment of the application
fee, the following procedure must occur:
• Council must approve, in principle, the closure and conveyance.
• The applicant must pay all legal and appraisal fees.
• The applicant must submit the written consent of the abutting property owners
(none in this case.)
• Staff must circulate the application to all Clarington departments, Durham
Region, agencies, utilities, Conservation Authority and all other authorities in the
Policy's circulation list.
• The applicant must submit an R-Plan for the road allowance which is to be
closed and conveyed.
REPORT NO.: EGD-024-13 PAGE 3
• The Municipality will retain a qualified land appraiser to conduct the appraisal and
provide a report.
• A Public Notice must be advertised which outlines Council's intention to close the
right-of-ways.
• The applicant must pay the appraised value of the land to the Municipality.
• Council must give final approval of the closure and conveyance, and pass the
necessary by-law to allow the Municipal Solicitor to finalize the transaction.
3.0 CONCURRENCE - all departments through the circulation process
This report has been reviewed by the Director of Operations who concurs with
the recommendations.
4.0 CONCLUSION
4.1 As a consequence of an MTO notice of expropriation for the construction of a
portion of the Highway 407 East Durham Link, WMCC has applied to close and
convey that portion of McKnight Road from the south side of Courtice Court to
the dead end at Highway 401 in order to relocate their weigh scales. The
Director of Engineering Services has determined that this portion of McKnight
Road is not required to be maintained as part of the Municipality's road network.
Staff, therefore, recommend that Council approve, in principle, the closure and
conveyance of this portion of McKnight Road to Waste Management Canada
Corporation and authorize staff to process the application.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Leslie J. Benson, Development Engineering and Traffic Manager
Attachments:
Attachment 1 - Key Map and Location Plan
Attachment 2 - WMCC Lands Subject to Expropriation
List of interested parties to be advised of Council's decision:
Waste Management Canada Corporation, George Field
Baseline Road
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REPORT EGD-024-13
ATTACHMENT NO. 2