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Home My WebLink AboutEGD-026-16 Garington Engineering Si Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Government Committee Date of Meeting: May 30, 2016 Report Number: EGD-026-16 Resolution: :> � kck- � File Number: By-law Number: -UAo— Report Subject: Road Closure and Conveyance — Cloverfield Street East of Centrefield Drive, Courtice Recommendations: 1. That Report EGD-026-16 be received; 2. That Parts 1, 2 and 3 on Plan 40R-29150 (Cloverfield Street "stub" east of Centrefield Drive) be closed and conveyed to Baseline Properties Ltd. (Courtice). for the appraised value; 3. That Council approve the draft By-law attached to Report EGD-026-16, as Attachment 2 to close and convey Parts 1, 2 and 3 on Plan 40R-29150; and 4. That all interested parties and any delegations be notified of Council's decision. Municipality of Clarington Report EGD-026-16 Page 2 Report Overview The following is a report which recommends that a portion of Cloverfield Street east of Centrefield Drive be closed by by-law and conveyed to Baseline Properties Ltd. (Courtice) to facilitate the development of the Townes of Tooley subdivision. This road "stub" is no longer required to be part of the Municipal road network and will be used, as a requirement of the Municipality, to provide a private entrance to the subdivision off Centrefield Drive. 1 . Background Committee will recall that Baseline Properties Ltd. (Courtice) submitted an application for a Draft Plan of Subdivision (SC-2015-0001) to the Municipality which was deemed complete in February 2015. The first draft depicted two private entrances into the medium density block off Tooley Road; however, after reviewing the Traffic Impact Study for the development and receiving input from the public, staff recommended that there be one entrance constructed off Tooley Road and one off Centrefield Drive in order to better disburse traffic in and out of the medium density block. There currently exists a short "stub" of Cloverfield Street between Centrefield Drive and the west boundary of the subdivision that will not be required for a future Cloverfield Street extension. The Municipality requested the developer to revise their plan to incorporate this piece of road (0.056 ha) and utilize it as a west entrance.into the site. The developer revised their plan accordingly, and the Draft Plan of Subdivision was approved by Council in February of this year (see Attachment 1). Attachment 2 illustrates the three parts of the road allowance which are proposed to be closed and conveyed. In order to close a Municipal road, the Municipality's Policy for Road Closure and the Municipal Act, 2001 must be adhered to. 2. Policy for Road Closure The developer has now applied to the Municipality to close and convey the subject road allowance. Council has followed the Municipality's Road Closure Policy for many years. The policy outlines several steps which are to be taken prior to Council passing a by-law to close a road allowance. The Engineering Services Department must circulate a notice of intent to close the road allowance to "all appropriate parties and agencies". Correspondingly, Municipality of Clarington Report EGD-026-16 Page 3 staff undertake an internal circulation to the Mayor, CAO and all department heads identifying the road allowance intended to be closed. Further, staff undertake an outside circulation to all utilities, Conservation Authority, the Region of Durham and provincial and federal agencies requesting that they identify any objections or required easements. Since the Draft Plan was approved last February, staff have circulated the road closure to all parties listed. No objection was received from any individual, agency or utility. The Policy for Road Closure also provides for Public Notice which was amply provided through the subdivision approval process including public meetings. The Policy further stipulates that the subject road allowance be appraised by a Certified Appraiser retained by the Municipality and that the applicant pay the appraised value of the lands (as well as the appraisal fee, the cost of the R-plan and any legal fees incurred by the Municipality). To this end, staff retained Appraisal Group Inc. who has undertaken numerous appraisals for the Municipality in recent years. 3. Appraisal The Appraisal Group Inc. submitted a very comprehensive appraisal to the Municipality in April of this year, including six "relevant land sales" as comparators. The appraisal concluded that the "contributory value of the Municipality's unopened road allowance based upon the Direct Comparison Approach is $41,250". The report has been reviewed by the applicant who has accepted the conclusions of the appraiser. 4. The Municipal Act, 2001 The Municipal Act, 2001 governs Council's right to close a road allowance. Sect. 34(1)- Highway Closing Procedures simply states "a by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office." The Municipal Act, 2001 does not stipulate any further requirements in the event that Council wishes to close a highway unless the road allowance abuts Crown lands (which is not the case in this instance). 5. Concurrence This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. Municipality of Clarington Report EGD-026-16 Page 4 6. Conclusion The portion of Cloverfield Street between Centrefield Drive and the west boundary of the Townes of Tooley subdivision will not be required to be part of the future Municipal road network. The Municipality required the adjacent developer to comply with the Road Closure and Conveyance Policy and make application to close and convey that portion of Cloverfield Street in order to provide a west entrance into the new development. Staff respectfully recommend that these three parts of the road allowance be closed and conveyed to Baseline Properties Ltd. (Courtice) for the appraised value. 7. Strategic Plan Application Not applicable. r Submitted by:by: Reviewed by: Anthony S. Cannella, C.E.T. Franklin Wu, Director of Engineering Services Chief Administrative Officer Staff Contact: Leslie J. Benson, Manager, Development Engineering and Traffic, 905-623- 3379 ext. 2304 or Ibensonnclarington.net Attachments: Attachment 1 — Key Plan and Subject Road Allowance to be Closed and Conveyed Attachment 2 — By-law 2016-xxx Interested Parties: Baseline Properties Ltd. (Courtice) ASC/LJB/nl/jb Parts 1, 2 and 3 Plan 40R-29150 to be Conveyed CLOVERFIELD ST 0 m m m r ;0 NASH RD COURTICE DRAWN BY: E.L. DATE: F- May 24, 2016 Cloverfield co, 14C) Ioverfi eld t 2- St. REPORT EGD-026-16 V ATTACHMENT No. 1 0 Nash Rd. F- jFILE NAME: I ] KEY MAP Cloverfield Conveyance.mxd J:\Engineering\Aftachments\Attachments Post ESRI Upgrade\Cloverfield Conveyance.mxd Municipality of Clarington Attachment 2 to EGD-026-16 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2016-XXX Being a by-law to close and to authorize the conveyance of a road allowance. WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-xxx-16, and deems it desirable to pass this by-law; and NOW THEREFORE be it enacted and it is hereby enacted as a by-law of the Corporation of the Municipality of Clarington as follows: 1. That the property described as part of the unopened road allowances created by Registered Plan 10M-757, being part of Lot 34, Concession 3, now Parts 1, 2 and 3 on Plan 40R-29150, (in the former Township of Darlington), now in the Municipality of Clarington, is hereby closed; and 2. That the Municipal Solicitor be authorized to take all action necessary to effect the transfer. BY-LAW passed this day of June, 2016. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk