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HomeMy WebLinkAboutPSD-091-05 Cl&:-!l!-glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 20, 2005 f0, 1/: Ill! JJtib By-law #:;;'CXJ5I31 ;;<00:5,-/3;)... Report#: PSD-091-05 File#: RE 16.15and RE6.14.9.1 Subject: DECLARATION AND SALE OF SURPLUS PROPERTY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-091-05 be received; 2. THAT Council declare, by By-law, the property identified as Part 3 on Plan 40R-19115, Part Lots 23 and 24, Plan H-50077, Bradshaw Street, Part Lot 9, Concession 2, former Town of Bowmanville, as shown on Attachment 1, as surplus and offered for sale; and 3. THAT Council declare, by By-law, the property identified as Part 4 on Plan 40R-22242, Darlington Boulevard, Part Lot 35, Concession 2, former Township of Darlington, as shown on Attachment 2, as surplus and offered for sale. Submitted by: D vid ,Crome, M.C.I.P" R.P.P. Director of Planning Services c)<e.. -eQ ~ Reviewed by: Franklin Wu, Chief Administrative Officer ILlFLlDJC/df 14 June 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-091-05 PAGE 2 1.0 BACKGROUND 1.1 By-law 95-022, being a by-law to establish procedures governing the sale of real property, states that from time to time the Director of Planning Services may: · identify real property that should be declared surplus; · report to Council recommending that Council declare the particular real property to be surplus property and set out the reason why it should be declared to be surplus property; and · advise that at least one appraisal of the fair market value of the real property should be obtained before Council decides to sell or exchange or transfer the real property, unless an appraisal is not required under the Municipal Act. Bradshaw Street Surplus Property The property identified on Attachment 1 is a 3.92 metre wide strip of land adjacent to 62 Bradshaw Street in Bowmanville. The parcel was owned by Schickedanz Bros, Limited and was donated to the Municipality in 2004 in exchange for a receipt for tax purposes. The donation was accepted through Council's approval of Planning Services Report PSD- 107-04. Immediately north of the site is an unopened road allowance known as Winnstanley Street. The western portion of the road allowance was closed and conveyed to Schickedanz. Bros. Limited through By-law 89-67 so that they could complete the subdivision development of 10M-829 on the east side of Mann Street. The eastern portion of the road allowance remained in Municipal ownership. In order for the Municipality to accept a donation of a gift of land in exchange for a charitable receipt the value placed on the land must be justified by a property appraisal unless an appraisal is not required under the Municipal Act. This property is 3.92 metres wide by 50.9 metres deep. As indicated through Report PSD-111-04, the estimated value of this site was $5,985. The value of this property as a small strip is limited as it can only be developed in conjunction with the unopened road allowance to the north. The Engineering Services Department have indicated that they intend to close the Winnstanley Street road allowance through Report EGD-019-05. They have requested that the strip of land acquired from Schickedanz Bros. Limited be declared surplus so that it can be purchased in conjunction with the road allowance. If the strip is added to the road allowance it would result in a lot with a frontage of 16.11 metres. Municipal services are already in place along Bradshaw Street to accommodate the strip and the road allowance to develop in sequence. A property appraisal will be required to determine the fair market value of both pieces as one parcel of land. Darlinaton Boulevard Surplus Property This parcel is on the west side of Darlington Boulevard and is identified as Part 4 on Plan 40R-22242 (Attachment 2). Planning Services Report PSD-087-03 was presented to Council on June 23,2003, and at that time Council approved the acquisition of Parts 2, 3, and 4 on Plan 40R-22242 from The Waltzing Weasel. The owners retained Part 1 for an extension of their parking lot area. Part 2 is to become part of a future motor vehicle REPORT NO.: PSD-091-05 PAGE 3 laneway from Darlington Boulevard westward to Townline Road. Part 3 is now a pedestrian walkway connection from Darlington Boulevard to Foxhunt Trail. As indicated in PSD-087-03, the owners were not willing to provide just the lands required for the trail and walkway so it was necessary to acquire Part 4 as well. There was no legal impediment to acquiring more land than required for public purposes and there is no legal impediment to declaring Part 4 as surplus and offering it for sale at this time. An appraisal report was completed to determine the value of the lands purchased from The Waltzing Weasel. The lot is designated Urban Residential and zoned Urban Residential Type One (R 1 ). It has 15.3 metres of frontage and a lot area of 826 square metres. Currently there is no municipal sewer system along Darlington Boulevard. The properties on this street have municipal water and are serviced with private septic systems. The lot is of sufficient size that it likely can support a residential use with a private septic until full municipal services are provided. This will be confirmed with the Health Department. Part 4 on 40R-22242 was appraised in 2002 as part of the Municipality's negotiations with the former owner. On November 28, 2002, its estimated fair market value was $45,000. Residential land values have increased since the date the appraisal was completed so it will be necessary to have the appraisal report updated to determine the value of the property today. The lot can be offered for sale for its 2005 land value upon completion of the appraisal update. It can be sold at a latter date when municipal services are available. 2.0 CONCLUSION 2.1 Part 3 on Plan 40R-19115 was acquired in exchange for a receipt for tax purposes. The acceptance of the land was based on its potential to be sold as surplus property to the future owner of the Winnstanley Street road allowance. When the road allowance is closed an offer to purchase can be submitted for the strip of land and the road allowance as a residential parcel. Part 4 on Plan 40R-22242 was purchased in order to acquire Parts 2 and 3 on 40R- 22242 to facilitate the construction of the Foxhunt Trail walkway and the motor vehicle laneway access from Darlington Boulevard to Townline Road. It is a residential lot and has no public purpose. The proceeds from sale of this property can be utilized to acquire other lands that have been identified for public use. It is recommended that both parcels of land be declared surplus and offered for sale at the appropriate time. Attachments: Attachment 1 - Surplus Property By-law for Part 3, 40R-19115 Attachment 2 - Surplus Property By-law for Part 4, 40R-22242 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a by-law to declare the lands more particularly described as Part 3 on Plan 40R- 19115, Part Lots 23 and 24, Plan H-500??, Part Lot 9, Concession 2, former Town of Bowmanville, to be surplus THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. The lands more particularly described as Part 3 on Plan 40R-19115, Part Lots 23 and 24, Plan H-500??, Part Lot 9, Concession 2, former Town of Bowmanville, as identified on Schedule 1. are hereby declared surplus; 2. Schedule 1 attached hereto forms part of this By-law. BY-LAW read a first time this 2ih 2005 day of June BY-LAW read a second time this 27th day of June 2005 BY-LAW read a third time and finally passed this 27th June 2005 day of John Mutton, Mayor . Patti L. Barrie. Municipal Clerk ATTACHMENT 1 SCHEDULE 1 ~\ 21~ .l" roloolrolOCiI I 2) ls slsISI;:I~ ~I~I I I I T BOULEVARD APPLE BLOSSOM 8L ./ ~ n L[) i' Q) ~ n 8991 -.l -.l 8179 8082 Q) L[) ~ L[) r-- Q) ~ ~ ~ N N fTl -.l -.l Q) Q) n 0 0 ~ ~ ()"I 0 0 0 ~ ~ ~ 0 (,.J ~ ~ ~ 88 858/ ~ ~ GJ 7775 76 78 \ 76 I- 77 8684- [Tl 119 (f) 75 :::0 8183 7371 72 74- ~ 74 :-c- 115 73 ?/l.. 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('oJ 11 86 5 7 ......... ~ CO 0 N to CXl CXl 0 lO 42 1 3 to ..,j- ..,j- ..q- ..,j- ..q- L[) L[) CONCESSION STREET E/l r--_t~ I I ._ 1.,-, I "IITml<elml<e1 m 1 ~ (<e I ml <elml<elml<el ml-o:Tl ~ [:0:1 D:ll~l _ Lands to be Declared Surplus ~ Winnstanley Street Road Allowance RE 16.15 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a by-law to declare the lands more particularly described as Part 4 on Plan 40R-22242, Part Lot 35, Concession 2, former Township of Darlington, to be surplus THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: ATTACHMENT 2 1. The lands more particularly described as Part 4 on Plan 40R-22242, Part Lot 35, Concession 2, former Township of Darlington, as identified on Schedule 1, are hereby declared surplus; 2. Schedule 1 attached hereto forms part of this by-law. BY-LAW read a 1irst time this 27th BY-LAW read a second time this 27th BY-LAW read a third time and finally passed this day of June 2005 day of June 2005 27'h day of June 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk SCHEDULE 1 .. J (00) ,,' ., ." ", " ,.- , --. - --;;.:;;- - PAilP'U~HAM HIG l.-'l,,'-OSniii ;;- ~- ~ fJLAN No r, ~ HVvA Y 2 ff) 8171 (Iolt.olS) . l......N No. J-i:p;:;,- '~''!!.;4?4? (P~~1{;80 .. ~[) 111.8. ("3) I~r~ ''''''' (Ratlt - _ - r67) l/8/~ 9f:~) l'PO;fJ-- 00"( '\ WrDf.--- (1'-1680 -lYING) _ 0"..,. 5.3.8;("J' --'of) -' ~I-l PL.,1~1 ......... -"~"'~~lr;:j'1:1 - - - r- " u . .-, - s . -- -------------------~ I 1 1 1 1 I 1 1 1 I I I 1 I 1 I I 1 1 I 1 I , I 1 I I 1 I 1 I 1 NS2'5i., I ~~2.00.EOf("Eots) I P4C,. ~Q I . ", I:?, j:J1 ... B I P.I.N. 'Jf::~'~ilj jOff-~ ~r"'i1'"' I '. :':Ui7--0018 '..v.~t..' I --__________~_______J r..... ," .., ~ '0 '" " ,_. Cl :~ ," t-' '.. 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I I ~-----~~~~~-------;E~~ll--------~ .'...., -" ,\"",' r,c..-..l ".. .. ~- " '-' __J PART 1 l'l d N N731 "'20.( 24.08 " " PART 2 8 8 28.:15 .; ,; 24.74- . f~'" . ~"I"".c::_~.ICl(",) f~._AN 10'- -----0.... "f"'a' ' ',-:-- '~"""'" ". '.J ........0018 ,.....'ev ~ Lands to be Declared Surplus 'I .. (lD05) r- ~ Ii; .; N " o ~ o c:: ~ W ...J ::J o co ~ .Z ;~ 0 . 'g I- ~~ " ii Z ...J c:: -< o 8 ~~ ~: T SOUnlHSl COfINCRlOl,,, R.C.P.713 + --~~--- RE 6.14.9.1