HomeMy WebLinkAboutPD 41-06
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REPORT TO
EXECUTIVE COMMITTEE
Report Number: PD 41-06
Date: July 24,2006
From:
Neil Carroll
Director, Planning & Development
Subject:
Declaring City-owned Lands Surplus
Part of Commerce Street, Plan 65
(Part 1, Plan 40R-XXXXX)
Authorization to Enter into Access/Parking Agreement
(Part 2, Plan 40R-XXXX)
(Portion of Untraveled Commerce Street, west of Front Road)
File: L-4650-010
Recommendations:
1 . That a By-law should be enacted to:
(a) stop-up and close a part of the untraveled portion of Commerce Street, Plan
65, Pickering, being Part 1, 40R-XXXXX as public highway;
(b) declare that part of the untraveled portion of Commerce Street, Plan 65,
Pickering, being Part 1, 40R-XXXXX surplus to the needs of the Corporation
for the purpose of sale to the north abutting owner, in accordance with the
provisions of the Municipal Act and the Acquisition and Disposal of Land
Policy subject to any required easements; and
(c) authorize the execution of all relevant documentation necessary to effect the
stopping-up and closing of that portion of Commerce Street, Plan 65,
Pickering, being Part 1, 40R-XXXXX as public highway and to effect the
sale/conveyance of it to the north abutting owner.
2. That Council authorize staff to execute an agreement between the City and
Stephen McKean (the owner of 688 Front Road) respecting vehicle access and
parking on a portion of untraveled Commerce Street, Plan 65, Pickering, identified
as Part 2, Plan 40R-XXXXX.
Executive Summary: The City received a request from S. McKean to acquire a
significant portion of Commerce Street, Plan 65, in order to merge the lands with 688
Front Road. The acquisition of the lands by McKean would rectify an encroachment of
their dwelling (sited on 688 Front Road) onto untraveled Commerce Street.
18.1 Report PD 41-06 Date: July 24,2006
Subject: Portion of Commerce Street - Proposed Sale to McKean Page 2
The City's Chief Administrative Officer (CAO), with input from staff, has determined that
a minimal portion of the untraveled portion of Commerce Street could be considered
surplus to the City, but that the majority of the untraveled portion of Commerce Street
should remain in City ownership for future public use.
The CAO is recommending that Council deem a portion of Commerce Street surplus to
the needs of the City, and to stop-up and close that portion of untraveled Commerce
Street to allow the lands to be sold to McKean and merged with 688 Front Road. Prior
to the finalization of the land sale/conveyance, McKean is required to rectify various
outstanding zoning by-law and building code compliance matters on his current
property.
The CAO is also prepared to enter into an agreement with McKean to recognize their
use of an additional portion of the untraveled portion of Commerce Street for vehicle
access and parking.
Financial Implications:
Preparation of Reference Plan and Appraisal
Registration of Documentation/Disbursements
Owner's Cost
Owner's Cost
Proceeds from the sale of the lands to be approximately $18,000, and annual proceeds
to the City for the use of a portion of untraveled Commerce Street for vehicle access
and parking to be determined.
Background: The City received a request from S. McKean to purchase a
significant portion of the untraveled portion of Commerce Street immediately south of
the McKean property located at 688 Front Road (see Location Map, Attachment #1).
This original request from McKean was made in order to resolve a long-standing
encroachment issue of his dwelling onto City-owned lands and to provide for parking of
McKean's vehicles. The dwelling located at 688 Front Road encroaches onto City
property and McKean has historically used the City's property for parking his vehicles.
Proposed Sale of Land to McKean
Through staff's review of this request, it was determined that a small north portion of
untraveled Commerce Street could be conveyed to McKean to rectify the existing
dwelling encroachment. The City would retain the remainder of the property for future
possible public use and maintenance access to the north portion of Progress
Frenchman's Bay East Park and existing stormwater management infrastructure. It
was further determined that existing natural areas and features on the lands must
remain in public ownership.
130
Report PD 41-06 Date: July 24, 2006
Subject: Portion of Commerce Street - Proposed Sale to McKean Page 3
It is recommended that the City deem surplus, for the purpose of sale to McKean, a
small north portion of the untraveled portion of Commerce Street, being Part 1, Plan
40R-XXXXX (see Draft Reference Plan, Attachment #2) to merge with 688 Front Road
The appropriate notices have been published in accordance with the provisions of the
Municipal Act and the City's Notification By-law relating to the stopping-up and closing
of a portion of highway and there have been no objections.
The CAO provided an update to Council respecting this matter, and recommended
terms and conditions of the proposed sale, at the May 8, 2006 Council Meeting. It was
confirmed by Council that prior to finalizing the sale/conveyance of the subject lands,
that McKean is required to:
1 . Obtain relief from the applicable zoning by-law concerning zoning
non-compliances on the resultant lands (688 Front Road);
2. Rectify building code deficiencies on the north exterior wall;
3. Install a fence along portions of the resultant south property line of 688 Front
Road to the satisfaction of the City; and
4. Satisfy the City respecting the provision of vehicle parking for 688 Front Road.
Vehicle Parkinq
It would be appropriate for the City to enter into an agreement with McKean to allow for
vehicle access and parking on a portion of untraveled Commerce Street that has
historically been utilized for this purpose. The proposed agreement would, among other
things, identify the specific lands permitted to be used for vehicle access and parking
being Part 2, Plan 40R-XXXXX (see Draft Reference Plan, Attachment #2) and would
require McKean to maintain the land and indemnify the City of all liability associated
with its use. The proposed parking arrangement would be reviewed on an annual basis
and could be terminated if necessary. Compensation and benefits to the City in support
of this proposed arrangement are to be negotiated, and would also be reviewed on an
annual basis.
Required Fencinq
Should Council authorize staff to proceed with the sale/conveyance of Part 1, Plan
40R-XXXXX and permit associated vehicle parking on Part 2, Plan 40R-XXXXX, the
CAO would require McKean to satisfy the City respecting the installation of an
appropriate architecturally-coordinated fence along portions of the resultant south
property line. The proposed fence would generally demarcate the resultant lands
owned and/or used by McKean from those City-owned lands not accessible to him.
J,91
~- Report PD 41-06 Date: July 24, 2006
Subject: Portion of Commerce Street - Proposed Sale to McKean Page 4
Attachments:
1. Location Map
2. Draft Reference Plan 40R-XXXXX
3. Draft Stop-up and Close By-law
Prepared By:
Approved I Endorsed By:
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Attachments
Copy: Chief Administrative Officer
Director, Corporate Services & Treasurer
City Solicitor
Recommended for the consideration of
Pickering C' y Council ."
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ATTACHMENT #. , TO
REïJORl # PD 41 -0 to ____...
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WATER POINT STREET
PART 1
40R-XXXXX
COMMERCE STREET
FRENCHMAN'S BA Y
City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PART OF COMMERCE STREET, PLAN 65, BEING PARTS 1 & 2 40R-XXXXX
OWNER CITY OF PICKERING DATE JULY 4, 2006 DRAWN BY JB "^'
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FILE No. L 4650-010 SCALE 1:1000 CHECKED BY DB
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ATTACHMENT # oJ.- TO
REPQR11t PD--b/-l - éJ (.,
PLAN OF SURVEY OF
PART OF COMMERCE STREET
REGISTERED PLAN No. 65
CITY OF PICKERING
REGIONAL MUNICIPALITY OF DURHMI
I REQUIRE lHlS PlNI TO BE PLAN 40R
OEPOSßED UNOER THE
LAND 1111.fS ÞCf. RECEIVED ANa DEPOSITEO
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SCALE RATIO
to 250
CRYSTAL CRANCH
ONTAAIO lAND SUR\IEYOR
lAND REGISl'RAR FOR THE
lAND 111\.£S DMSION Of'
OURtw.I ( NO. 40 )
SCHEDULE
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NOTES
s.orinQ. are ootronomlc In origin ond ore referTed
to 0 portion of IN woot.rIy limn of Front Street o.
wlelene<!. Ihown o. N 311'21'oo"W on PIon 4OR-17J.4J.
DISTANCES SHOWN HEREON ARE IN IoIETRES AND CAN
BE CONVERTED TO FEET BY DMDlNG BY 0.3048.
LEGEND
SSIB d.not.. ,hart atondord Iron bar
SIB donot., atondGrd Iron bar
IB donota. Iron bar
~ d.nota. round
-Q- de not.. .urvey monument planted
___ denota. .urvey monument found
WIT denote. wltn_
101 denote. meo,ured
PI denote. PIon 4OR-17343
P2 denote. Expropriation PIon No. 65
P3 denote. PIon 4OR-8654
P. denot., PIon 4OR-7~
7&:1 denot.. Horton. WoHoce '" Oovlee. O.LS.
1005 denote, Donavan'" FlallChmann. O.LS.
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SURVEYOR'S CERTIFlCATE
I CER11FY THAT :
1. Thla ,urvey ond pion ore comteI and In o<:cOfdance with
the SuFVey8 Act, the Surveyora Act, the Land TIUea Act
ond IN re<¡ulotIona mode under them.
2. The .urvey woo completed on February 7, 2006.
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Dote . CrýatÔJ êronch .
Ontario Land Surveyor
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ONTARIO LAND SUJM;YOR LID.
88 I<JNG S1REET fAST
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
"LA;:r
Being a By-law to stop-up and close that part of Commerce Street, Plan 65,
being Part 1, Plan 40R- as public highway and authorize the
sale of the land to the abutting owner and, to authorize the execution of an
Agreement respecting the use of City-owned lands by the adjacent owner
for parking purposes.
WHEREAS, pursuant to the Municipal Act, the Council of the City may pass by-laws to stop-up
a highway, or part thereof, and to authorize its sale or the sale of a part thereof; and
WHEREAS, Notice of this By-law has been published for two (2) consecutive weeks in compliance
with the provisions of the Municipal Act, the Acquisition and Disposal of Land Policy and Public
Notification By-Law 6166/03 relating to the closing of a highway.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. The following portion of highway is hereby stopped-up and closed to both vehicular and
pedestrian traffic:
. Commerce Street, that part of Commerce Street, Plan 65, being Part 1, Plan
40R-
2. That portion of Commerce Street, Plan 65, being Part 1, Plan 40R- is
hereby deemed surplus to the needs of the Corporation and shall therefore be offered for
sale to the abutting owner, subject to any required easements.
3. The Corporation of the City of Pickering shall ensure that all utility easements over any of
the lands described herein are conveyed to the appropriate utility authority for nominal
consideration ($2.00)
4. The Mayor, City Clerk, Director, Planning & Development and City Solicitor are authorized
to obtain all relevant documentation necessary and execute all documentation required to
effect the stopping-up and closing of that part of Commerce Street, Plan 65, being Part 1,
Plan 40R- and to effect the conveyance of it.
5. The Mayor and City Clerk be authorized to execute an Agreement in a form satisfactory to
the City Solicitor for the use of City-owned lands by the adjacent owner for parking
purposes.
BY-LAW read a first, second and third time and finally passed this 24th day of July, 2006.
David ~ayor
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Debi A. Bentley, Cit erk
L-4650-010