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Home My WebLink AboutPD 27-04PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 27-04 Date: June 17, 2004 From: Neil Carroll Director, Planning & Development Subject: Church Street Urbanization and Extension 388270 Ontario Limited (now Panattoni Canada Inc.) (West Side of Church Street, south of Bayly Street) By-laws to Stop-up, Close, Convey and Dedicate Various Portions of Road Allowances as Public Highways Our File: V0401 Recommendation: By-laws should be enacted to: 1. Stop-up and close as public highway: a) b) c) Part of Copperstone Drive, Plan 40M-1552, Pickering (Part 39, Plan 40R-22677) Part of Silicone Drive, Plan 40M-1552, Pickering (Part 50, Plan 40R-22677) Parts of Blocks 30, 31,32 and 33, Plan 40M-1552, Pickering (Parts 38, 40, 49 and 51, Plan 40R-22677) Declare the following lands surplus to the needs of the Corporation for the purpose of reconveyance to the adjacent owner, subject to any required easements and in accordance with the provisions of the Municipal Act:. a) b) c) Part of Copperstone Drive, Plan 40M-1552, Pickering (Part 39, Plan 40R-22677) Part of Silicone Drive, Plan 40M-1552, Pickering (Part 50, Plan 40R-22677) Parts of Blocks 30, 31,32, 33, 38, 39, 40, 42, 43 and 44, Plan 40M-1552, Pickering (Parts 34, 38, 40, 46, 49 and 51, Plan 40R-22677) Authorize the Mayor, Clerk, Director, Planning & Development and Solicitor for the City to obtain all relevant documentation necessary and execute all documentation required to effect the stopping-up and closing of the above-noted lands and to effect the conveyance of them. Report PD 27-04 Subject: Church Street Urbanization and Extension Date: June 17, 2004 Page 2 !51'. Dedicate as public highways: a) b) c) d) e) f) Part of Lot 15, Range 3, BFC, Pickering (Part 2, Plan 40R-22677) - Church Street Parts of Lots 15 and 16, Range 3, BFC, Pickering (Parts 6 and 7, Plan 40R-22677) - Copperstone Drive Parts of Lot 16, Range 3, BFC, Pickering (Parts 18 and 21, Plan 40R-22677) - Squires Beach Road Parts of Blocks 31,32, 40 and 42, Plan 40M-1552, Pickering (Parts 35, 36, 41,42, 45 and 48, Plan 40R-22677) - Copperstone Drive Parts of Lot 11, Plan 40M-1552, Pickering (Parts 43 and 44, Plan 40R-22677) - Copperstone Drive Block 41, Plan 40M-1552, Pickering - Copperstone Drive Executive Summary: In 1988, 388270 Ontario Limited conveyed portions of the above-noted lands to the City for road and reserve purposes. These lands were to be retained by the City until the adjacent lands to the east were developed, at which time the City would reconvey them to the adjacent owner (now Panattoni) for nominal consideration ($2.00). The City has now received an application for the development of a warehouse/distribution facility (known as the Kestrel project) on the adjacent easterly lands and as such, the City no longer requires the lands conveyed in 1988 for road and reserve purposes. It is therefore appropriate at this time to reconvey them. Further, in order to meet land severance application and site plan conditions, the applicant is required, as part of its development, to construct/reconstruct a certain portion of Church Street, extend Clements Road from its current terminus to connect with Church Street and construct a connection between Silicone Drive and Copperstone Drive, all of which when completed, will be required to be dedicated as public highways. As it is anticipated that various components of these works will be completed during the summer period, staff is requesting that the appropriate dedicating By-law be enacted at this time and be held in staffs files until the construction/reconstruction has been completed to the satisfaction of the City's Director, Planning & Development and registration of the By-law can be effected. Staff forwarded Report PD 23-04 on May 12, 2004, setting out the need for the applicant to undertake certain road works within the project; this report addresses the technical legal steps required to finalize such road matters. Financial Implications: All costs will be borne by the adjacent owner. !52 Report PD 27-04 Subject: Church Street Urbanization and Extension Date: June 17, 2004 Page 3 Background: 1.0 Stop-up and Close Various Portions of Copperstone Drive and Silicone Drive for the Purpose of Reconveyance to the Adjacent Owner. In 1988, 388270 Ontario Limited registered Plan 40M-1552, Pickering, which plan dedicated Copperstone Drive and Silicone Drive as public highways. The Subdivision Agreement relating to Plan 40M-1552 also required 388270 Ontario Limited to convey additional lands to the City for road and reserve purposes on the condition that the conveyed lands would be retained by the City until the adjacent lands to the east were developed, at which time, the City would reconvey them to the adjacent owner (now Panattoni) for nominal consideration, subject to the provisions of the Municipal Act. As the City has now received an application for the development of a warehouse/distribution facility on adjacent lands to the east, there is no longer a need for the City to retain the turning circle portions of Copperstone Drive and Silicone Drive or the lands that were conveyed to the City for additional road and reserve purposes. Accordingly, it is now appropriate to initiate the process to stop-up and close the most easterly (turning circle) portion of Copperstone Drive and Silicone Drive along with the lands that were conveyed to the City for additional road purposes and reconvey them back to Panattoni for nominal consideration. 1.1 Dedication of Newly Constructed Portions of Church Street, Squires Beach Road and the Connection of Road Between Silicone Drive and Copperstone Drive. In order to meet conditions of the land severance application and site plan conditions, the applicant, as part of its development, is required to construct/reconstruct a certain portion of Church Street, extend Clements Road from its current terminus to connect with Church Street and construct a connection between Silicone Drive and Copperstone Drive. The applicant has conveyed the appropriate portions of land to the City for future road purposes as requested, and is expected to undertake the works required for the construction/reconstruction of these roads during the summer months. Once the construction/reconstruction has been completed, the newly constructed portions of roadway must be dedicated as public highways. Report PD 27-04 Subject: Church Street Urbanization and Extension Date: June 17, 2004 Page 4 !53 2.0 2.1 2.2 2.3 2.4 In an effort to ensure that there are no delays in dedicating the newly constructed sections of roads as public highway, should various components of the works be completed during the summer period, staff is requesting that the appropriate dedicating By-law be enacted at this time. The enacted By-law will be held in staff's files until such time as the construction/reconstruction has been completed to the satisfaction of the City's Director, Planning & Development and registration of the By-law can be effected. By-laws should be enacted to: Stop-up and close as public highway: a) b) c) Part of Copperstone Drive, Plan 40M-1552, Pickering (Part 39, Plan 40R-22677) Part of Silicone Drive, Plan 40M-1552, Pickering (Part 50, Plan 40R-22677) Parts of Blocks 30, 31, 32 and 33, Plan 40M-t552, Pickering (Parts 38, 40, 49 and 51, Plan 40R-22677) Declare the following lands surplus to the needs of the Corporation for the purpose of reconveyance to the adjacent owner, subject to any required easements and in accordance with the provisions of the Municipal Act:. a) b) c) Part of Copperstone Drive, Plan 40M-1552, Pickering (Part 39, Plan 40R-22677) Part of Silicone Drive, Plan 40M-1552, Pickering (Part 50, Plan 40R-22677) Parts of Blocks 30, 31,32, 33, 38, 39, 40, 42, 43 and 44, Plan 40M-1552, Pickering (Parts 34, 38, 40, 46, 49 and 51, Plan 40R-22677) Authorize the Mayor, Clerk, Director, Planning & Development and Solicitor for the City to obtain all relevant documentation necessary and execute all documentation required to effect the stopping-up and closing of the above-noted lands and to effect the conveyance of them. Dedicate as public highways: a) b) c) Part of Lot 15, Range 3, BFC, Pickering (Part 2, Plan 40R-22677) - Church Street Parts of Lots 15 and 16, Range 3, BFC, Pickering (Parts 6 and 7, Plan 40R-22677) - Copperstone Drive Parts of Lot 16, Range 3, BFC, Pickering (Parts 18 and 21, Plan 40R-22677) - Squires Beach Road !54 Report PD 27-04 Subject: Church Street Urbanization and Extension Date: June 17, 2004 Page 5 d) e) f) Parts of Blocks 31,32, 40 and 42, Plan 40M-1552, Pickering (Parts 35, 36, 41,42, 45 and 48, Plan 40R-22677) - Copperstone Drive Parts of Lot 11, Plan 40M-1552, Pickering (Parts 43 and 44, Plan 40R-22677) - Copperstone Drive Block 41, Plan 40M-1552, Pickering - Copperstone Drive Attachments: 1. Location Map 2. By-law- Stop-up & Close, Delcare Surplus and Reconvey 3. By-law- Dedicate as Public Highways Prepared By: Denise Bye, Coordinator, Property & Development Services Approved / Endorsed By: NF'''mil ' " ; Director, Pla~ing & Development DB:bg Attachments Copy: Chief Administrative Officer Solicitor for the City Recommended for the consideration of Pickering City Council ~Th~;f'~s 3. ~nn, {C/~ief Adm~ 'ATI'AClJMB~i REPORT~ BAYLY ~TR EET PARTS 18 & 21, PLAN 40R-22677 PART 2 PLAN 40R-2~677 ~ PAF IS 6, 7 35.36.41 ~ % I T( 145 & 4 ~.PLAI< ~ PARTR ,:M ::::) 40R-'~ 2677 A ~D BL(: CK ~ 38 TO 4~: ~,~'. T~'~,§ TO 51 3:: ' tl, 40N -1552~ ~ . PLAN 40R-22677 ' o SILICONE DRIVE <~ Ld 7 tD 12_ r CLEMENTS ROAD City of Pickodng Planning & Dovolopmont Dopartmont ~-~ LANDS TO BE DEDICATED AS PUBLIC HIGHWAYS ~ LANDS TO BE STOPPED-UP AND CLOSED ~ LANDS TO BE CONVEYED TO ADJACENT OWNER DATE JUNE 14, 2004 :!.56 ATTACHMEI~r~ REPORT THE CORPORATION OF THE CITY OF PICKERINC _BY-LAW NO. Being a By-law to stop-up and close that part of Copperstone Drive, Plan 40M-1552, Pickering, being Part 39, Plan 40R-22677, that part of Silicone Drive, Plan 40M-1552, Pickering, being Part 50, Plan 40R-22677 and those parts of Blocks 30, 31, 32 and 33, Plan 40M-1552, Pickering, being Parts 38, 40, 49 and 51, Plan 40R-22677 as public highway and authorize the sale of that part of Copperstone Drive, Plan 40M-1552, Pickering, being Part 39, Plan 40R-22677, that part of Silicone Drive, Plan 40M-1552, Pickering, being Part 50, Plan 40R-22677, and those parts of Blocks 30, 31, 32, 33, 38, 39, 40, 42, 43 and 44, Plan 40M-1552, Pickering, being Parts 34, 38, 40, 46, 49 and 51, Plan 40R-22677, as they are no longer required for municipal purposes. WHEREAS, Copperstone Drive and Silicone Drive have been dedicated as public highways on Plan 40M-1552, Pickering; and 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; WHEREAS, Notice of this By-law has been published for two (2) consecutive weeks in compliance with the provisions of the MunicipalAct, the Sale of Surplus 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 portions of highway are hereby stopped-up and closed to both vehicular and pedestrian traffic: · Part of Copperstone Drive, Plan 40M-1552, Pickering (Part 39, Plan 40R-22677) · Part of Silicone Drive, Plan 40M-1552, Pickering (Part 50, Plan 40R-22677) · Parts of Blocks 30, 31, 32 and 33, Plan 40M-1552, Pickering (Parts 38, 40, 49 and 51, Plan 40R-22677) The following portions of highway are hereby deemed surplus to the needs of the Corporation and shall therefore be offered for sale to the adjacent owner, subject to any required easements: · Part of Copperstone Drive, Plan 40M-1552, Pickering (Part 39, Plan 40R-22677) ·Part of Silicone Drive, Plan 40M-1552, Pickering (Part 50, Plan 40R-22677) ·Parts of Blocks 30, 31, 32, 33, 38, 39, 40, 42, 43 and 44, Plan 40M-1552, Pickering (Pads 34, 38, 40, 46, 49 and 51, Plan 40R-22677) 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). The Mayor, Clerk, Director, Planning & Development and Solicitor for the City are authorized to obtain all relevant documentation necessary and execute all documentation required to effect the stopping-up and closing of: · Part of Copperstone Drive, Plan 40M-1552, Pickering (Part 39, Plan 40R-22677) · Part of Silicone Drive, Plan 40M-1552, Pickering (Part 50, Plan 40R-22677) · Parts of Blocks 30, 31, 32 and 33, Plan 40M-1552, Pickering (Parts 38, 40, 41, 42, 48, 49 and 51, Plan 40R-22677) and to effect the conveyance of: · Part of Copperstone Drive, Plan 40M-1552, Pickering (Part 39, Plan 40R-22677) · Part of Silicone Drive, Plan 40M-1552, Pickering (Part 50, Plan 40R-22677) Parts of Blocks 30, 31, 32, 33, 38, 39, 40, 42, 43 and 44, Plan 40M-1552, Pickering (Parts 34, 38, 40, 46, 49 and 51, Plan 40R-22677) BY-LAW read a first, second and third time and finally passed this 26th day of July, 2004. David Ryan, Mayor Bruce Taylor, Clerk V0401 !57 !58 ATTACHMENT#~TO , THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to dedicate certain roads within the City of Pickering, Regional Municipality of Durham as public highways. WHEREAS The Corporation of the City of Pickering is the owner of certain lands lying within Pickering and wishes to dedicate them as public highways. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: That part of Lot 15, Range 3, BFC, Pickering, being Part 2, Plan 40R~22677 is hereby dedicated as public highway. (Church Street) Those parts of Lots 15 and 16, Range 3, BFC, Pickering, being Parts 6 and 7, Plan 40R-22677 are hereby dedicated as public highway. (Copperstone Drive) Those parts of Lot 16, Range 3, BFC, Pickering, being Parts 18 and 21, Plan 40R-22677 are hereby dedicated as public highway. (Squires Beach Road) Those parts of Blocks 31, 32, 40 and 42, Plan 40M-1552, Picketing, being Parts 35, 36, 41, 42, 45 and 48, Plan 40R-22677 are hereby dedicated as public highway. (Copperstone Drive) Those parts of Lot 11, Plan 40M-1552, Pickering, being Parts 43 and 44, Plan 40R-22677 are hereby dedicated as public highway. (Copperstone Drive) 6. Block 41, Plan 40M-1552, Pickering, is hereby dedicated as public highway. (Copperstone Drive) BY-LAW read a first, second and third time and finally passed this 26th day of July, 2004. V0401 David Ryan, Mayor Bruce Taylor, Clerk