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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO LOB 1J0 TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JUNE 28, 1982
REPORT NO. : PD-107-82
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SUBJECT: REQUEST FROM MR. LUCIAN MICHAELS re
PROPOSED APARTMENT DEVELOPMENT -
GLENSON INVESTMENTS LIMITED, LIBERTY AND
BASELINE ROAD
OUR FILE: Z-A-2-12-6 & S-P-2-24
RECOMMENDATION:
(
It is respectfully recommended that the General Purpose and j
Administration Committee recommend to Council the
following:
1 . That Report PD-107-82 be received; and
2. That the unopened Pine Street road allowance be
closed and conveyed in accordance with Town
policy.
BACKGROUND:
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As the Committee will recall , on May 17th, 1982 Mr. Lucian
Michaels, solicitor for Glenson Investments Limited,
requested the General Purpose and Administration Committee
to consider the possibility of closing the unopened Pine
Street road allowance, from Liberty Street to a point 50.292
metres east of Liberty, and leasing it back to Glenson
Investments for access and parking required in conjunction
with their proposed apartment developments/r
f
57
Report No: PD-107-82 . . ./2
As a result of the Committee's consideration, Resolution
GPA-678-82 was passed referring Mr. Michael 's delegation to
staff and the Committee Chairman for a further Report to the
General Purpose and Administration Committee.
On Friday, June 11th, planning and public works staff, the
administrator and the Committee Chairman met to discuss the
request of the delegation. As a result of this meeting,
it was determined that the most appropriate course of action
would be to recommend closure and conveyance of the subject
road allowance in accordance with Town policy. It should be
noted that this portion of Pine Street could have a market
value of plus or minus $20,000.00, inasmuch as it represents
a legal building lot. This estimate should, however, be
confirmed by appraisal in accordance with the Town's policy,
but may be used for discussion purposes with abutting
property owners who may, or may not, be interested in
acquiring the lands.
Although the suggestion has been made that should the Town
be unwilling to enter into suitable arrangements with
Glenson Investments Limited, relative to the use of this
road allowance, the proposed development could not proceed.
Staff are unable to accept this argument, inasmuch as there
are at least three alternative solutions to the acquisition
of the Pine Street road allowance, which would solve the
problem, being as follows:
1 . A reduction in the over-all density of the proposal ;
2. The provision of additional parking within the flood
plain, subject of course to Conservation Authority
approval ; and
Report No: PD-107-82 . . ./3
3. Assembly of additional residential parcels to the south
of Pine Street which presently do not form part of the
proposal .
Staff do not see any merit in a long term lease arrangement,
between the Town and Glenson Investments, nor do we see any
usefulness in opening this portion of Pine Street to the
public and providing for on-street parking to be utilized by
the residents of this apartment proposal as was also
suggested.
Based on the foregoing and in view of discussions held with
the adjacent property owner to the north of Pine Street,
prior to Mr. Michaels' request, which indicated an interest
on his part in acquiring a portion of the road allowance
should it be closed and conveyed, we feel that approval of
Mr. Michaels ' request would tend to circumvent the Town 's
policy for road closure and the rights of abutting property
owners inherent to that policy.
Respectfully sub itted,
Councillor Marie Hubbard
General �d��sand Administration Committee Chairperson
! W_�x
T. T. Edwards, M.C.I .P.
Director of Planning
TTE*mjc
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TOWN OF NEWCASTLE
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{ POLICY „l Gf2` THE CLOSURE/CONVEYANCF OF MUNICIPAL ROAD ALLOWANCES
1 • Written applications to close, or close and convey, a
road allowance, must be accompanied by a deposit in the
amount of $500. 00 (FIVE 11UNDR1,,D DOLLARS).
2.
Upon a favourable recnmmendat.ion by Staf that the road
allowance may be closed, or closed and conveyed, and
Upon adoption thereof by Commi t:tE,e r,nd Council, then
the deposit cheque of FIVE HUNDRED DOLLARS shall become
non-refundable.
3. Road allowances which Committee and Council have agreed,
by resolution, to close, or close and convey, shall be
disposed of at an established appraised value, plus all
other costs involved, and the appraised value shall be
established by Comrnittec and Council .
4. Upon the written concurrence with the closure, or closure
and conveyance, from all other abutting owners, a
Reference Plan and Appraisal of Land shall be acquired
by the Town.
5• The Appraisal of Land sh.i ll be submitted, c.,i th a recornm-
endation, to Corrauitt(_?0 quid (,'uu11('i1, it �tihich time an
Appraised Value shall be established.
6. The Applicant, and any abutting owners having interest in
the lands, shall be notified of all costs.
7. "'he' Applicant, and any abuttiny owners having interest
in the lands, shall notify and confirm in writing to the
Municipality, the .intent to proceed, and acceptance of
costs described.
8. In the case of the Applicant 's confirmed interest, and
at the time of completion of the transaction, the FIVE
HUNDRED DOLLAR DEPOSIT shall be applied against the
costs applicable to the Applicant.
9• If the Applicant refuses to accept the costs described,
the no further action shall be taken in the closure, or
Closure and conveyance, of the lands involved and any
unexpended funds _01,111 b(� loturlied to the Applicant.
10, A.11 revenues gernera tod from t ho
sh.�11 ho credited to th(' a1Ezolatc ac��ount, and any
urjrecov-rable costs relative to tiio foregoing procedure
and Policy shall be debitc.,l to the a1>pzopriate account.
Rcc.ulutio�� lJ-ti'l1-1�0 (Public t;'or'ks ('<> Sentomber
Resolution N C-80--1141 (Council Ad Ilion: Septernhc r 8, 1980) .
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