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HomeMy WebLinkAboutPD 28-02 055 REPORT TO COUNCIL FROM: Neil Carroll Director, Planning & Development DATE: June 3, 2002 - REPORT NUMBER: . PD 28-02 SUBJECT: Disposal of Lands - Shirley Street, Plan 473, Pickering - Our File: RE0202 RECOMMENDATION: A Resolution should be passed authorizing the Director, Planning & Development to: (a) commence the process to stop-up and close Shirley Street, Plan 473, Pickering, for the purpose of sale; and (b) initiate the required documentation, in a form satisfactory to the Solicitor for the City, to finalize the matter. - ORIGIN: (a) Request from the City's Economic Development Section dated April 29, 2002, on behalf of the CAO, to initiate the land disposal process for this property. (b) City's ongoing review of municipally-owned properties no longer required by the Corporation AUTHORITY: Municipal Act, RS.O. 1990, chapter MA5, sections 297,300 and 315. FINANCIAL IMPLICATIONS: Appraised Value Advertising, appraisal, survey costs and legals fees/disbursements (City's Cost) Not yet determined $2,000 (approx.) EXECUTIVE SUMMARY: In 2001, the City undertook a process to review all municipally-owned properties to determine which properties were no longer required by the City for municipal purposes, - City staff have determined that the subject property known as Shirley Drive, Plan 473, with the exception of a 4.0 metre walkway connection to the walkway from Lightfoot Place, is no longer required by the City. The property has been slated for disposal in 2002. ill this instance, because the property is dedicated as a public highway, the process to stop-up and close it must be in accordance with the Municipal Act, which takes precedence over the City's Sale of Surplus Land Policy and which must occur prior to declaring it surplus for the purpose of sale. 056 Report to Council PD 28-02 Subject: Disposal of Lands - Shirley Street June 3. 2002 Page 2 BACKGROUND: - The subject property is a road allowance known as Shirley Drive (dedicated as a public highway on Plan 473), which is located on the east side of Rosebank Road, south of Sheppard Avenue. The property has a width of 20 metres and depth of 61 metres. When Plan 473 was developed, the land encompassing Shirley Drive was dedicated on the plan for future road purposes in anticipation of it continuing easterly upon the development of the adj acent lands. In 1986, when the easterly abutting plan (Plan 40M-1437) was developed it was determined that, due to the development pattern of Plan 40M-1437 and the grade differential between the plans, the connection of a roadway through both plans was no longer feasible. The City has retained this property providing a pedestrian connection from Lightfoot Place to Rosebank Road, but has now determined that it is no longer necessary to retain the entire property for municipal purposes. As the subject lands constitute a public highway, the road closing process, as governed by the Municipal Act, takes precedence over the City's Sale of Surplus Land Process. As such, section 300(1) of the Municipal Act states, in part that: 1. Before passing a by-law for stopping-up, closing and selling or leasing a highway............, (a) notice of the proposed by-law shall be published at least once a week for four successive weeks...............; and (b) the Council shall hear any person who claims that person's land will be prejudicially affected by the by-law and who applies to be heard. -- Accordingly, the entire property will be subject to the road closing process. Upon completion of the road closing process the matter will return to Council to formalize the road closing by-law and to declare the lands surplus for the purpose of sale. At that time it is recommended that the City retain a 4.0 metre wide pedestrian walkway along the south side of the property to protect the continuance of a permanent walkway linking Lightfoot Place and Rosebank Road. The remaining 16.0 metres (subject to an easement in favour of the City) would be declared surplus for the purpose of sale for the eventual development of a single detached dwelling unit in accordance with the zoning of abutting residential properties. A Resolution should be passed authorizing the Director, Planning & Development to: (a) commence the process to stop-up and close Shirley Street, Plan 473, Pickering for the purpose of sale; and (b) initiate the required documentation, in a form satisfactory to the Solicitor for the City, to finalize the matter. - Report to Council PD 28-02 Subject: Disposal of Lands - Shirley Street June 3. 2002 Page 3 057 ATTACHMENTS: 1. 2. Location Map Site Sketch - Prepared By: I'C~ ¿~nise Bye, Co~rdinator, Property and Development Services DB/jf Attachments Copy: Chief Administrative Officer Director, Operations and Emergency Services - Recommended for the consideration of Pickering City Council - Approved 1 Endorsed By: , , Tim Moore ~ Manager, Building Services (CBO) n58 ATTACHMENT' I TO REPORT I PO ::) f? ~ö ;;l - ci- a:- ).- ----¡ FROtmER j - ~§= ~- 0- TOYNEVALE Q 0: ~1 DUNF"AJR ST. \.. - =--.J ~ ~ - /' ð/ II:: '- <: ---- UI- ~--- XL ~ City of Pickering Planning & Development Department l' IDATE MAY 30, 2002 ,.' " "',.. ,/\ .; '~ - [ ~ \ - -. ROAD ~ .z <C' 0) w (f) 0 ~ " 0 <C' 0 ~' Site Sketch ATTACHMENT,:;l TO REPORT' PO ;tg. 02. n~9: ;u '-< 0' s;: , ' ,)C~ Z~ 0- " " DRIVE L-,- SUNDOWN OJ ,. ',) r ~ .J \ \.. CRESCENT PLACE r' "\ 0 AJ - < rr¡ .J \ .sUBJECT -AREA' '- STEEPLE r , - " 0 0 LL - I <-9 -1 '\ Â / OPERATIONS & EMERGÉNCY , SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINERING OMS/ON ,,' SCAt£. I o.a.m, 1:2500 DECEMBER 200;1 " PROPERTY REPORT ROSEBANK ROAD ~ . ,..- ,-.- u.. -'.. - -