HomeMy WebLinkAboutPD 37-02
311
REPORT TO COUNCIL
FROM:
Neil Carroll
Director, Planning & Development
DATE: June 21, 2002
REPORT NUMBER: PD 37-02
SUBJECT:
Disposal of Lands
Shirley Drive, Plan 473, Pickering
Our File: RE0202
RECOMMENDATION:
A by-law should be enacted to stop-up and close the entire portion of Shirley Drive, Pickering, as
public highway and sell the northerly portion of it (all lands excluding the public walkway), in
accordance with provisions of the Municipal Act and subject to any required easements.
ORIGIN:
(a)
City's ongoing review of municipally-owned properties no longer required by the
Corporation; and
Resolution 97/02, item 6.
(b)
AUTHORITY:
Municipal Act, RS.O. 1990, chapter MA5, sections 297,300 and 315.
FINANCIAL IMPLICATIONS:
Appraisal Value
Advertising, appraisal, survey costs and
legal feesldisbursements (City's Cost)
$80,000
(approx.) $2,500
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.
It has been detennined that the subject property known as Shirley Drive, Plan 473 (the
Lightfoot Place walkway connection) is no longer required by the City and has been slated for
disposal in 2002. In this instance, because this property is dedicated as a public highway, the
process to stop-up and close it must occur prior to declaring it surplus for the purpose of sale.
BACKGROUND:
The subject property is 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 adjacent lands.
31)
..h.
Report to Council PD 37-02
Date: July 19, 2002
Subject: Disposal of Lands (Shirley Street)
Page 2
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 would not be feasible. The City has retained the
property since that time, installing storm drainage workslcatch basin and a fenced walkway along
the south boundary of the property. It has now determined that, while we should continue to
provide the pedestrian connection between Lightfoot Place and Rosebank Road, it is no longer
necessary to retain the entire parcel for municipal purposes and that the portion not encompassing
the walkway should be disposed of, subject to an easement in favour of the City over the portion
of the property wherein the services are located.
Accordingly, it is being recommended that:
(a) the entire property be stopped up and closed as a public highway;
(b) the City retain a 4.0 metre wide pedestrian walkway along the south side of the property
continuing the link between Lightfoot Place and Rosebank Road; and
(c) the remaining 16.0 metres be declared surplus for the purpose of sale (subject to an
easement in favour of the City) for the eventual development of one detached dwelling
unit in accordance with the zoning of abutting residential properties.
As the subject lands constitute a public highway, the road closing process, as governed by the
Municipal Act, takes precedence over the Sale of Surplus Land Process. As such, the appropriate
Notice has been published in the local newspaper for four (4) consecutive weeks and the
applicable agencies have all been notified of such a road closure. No objections have been
received.
Further, section 315(2) of the Municipal Act states, in part:
"The Council shall by by-law set the sale price of the lands to be sold and shall offer to
sell it to the owner of the land abutting the land to be sold and where there are parcels of
land abutting on opposite sides of the land to be sold, the owner of each parcel has the
right of first refusal to purchase the land to its middle line. "
As it is the City's intention to retain the walkway portion of the property, the City becomes one
of the adjacent owners. Therefore, only the remaining part ofthe property will be offered for sale
at the appraised value to the adjacent landowner to the north.
In the event the Owner to the north waives his right to purchase the property, the property will be
sold pursuant to the City's Sale of Surplus Land Policy, initially via the Tender process, and if
not successful by that method, on the open market.
A by-law should therefore be enacted to:
I) stop-up and close Shirley Drive as a public highway in accordance with provisions of the
Municipal Act;
2) declare the portions of the Shirley Drive designated as Parts 1, 2, 4, Plan 40R-XXXX
surplus to the needs ofthe City for the purpose of sale; and
3) authorize the Mayor and Clerk to execute all necessary documentation (satisfactory to the
Solicitor for the City) relating to the stopping-up, closing of Shirley Drive and the sale ofthe
parts no longer required for municipal purposes.
Subject: Disposal of Lands (Shirley Street)
Date: July 19, 2002 3.t 3
Page 3
Report to Council PD 37-02
Prepared By:
Approved I Endorsed By:
UJ .'§z-e
Denise Bye, CoordInator,
Property and Development Services
Neil Carroll, P
Director, PlannIng and Development
DBltd
ATTACHMENTS:
I. Location Map
2. Site Sketch
3. Draft by-law
Copy:
Chief Administrative Officer
City Clerk
Division Head, Municipal Property & Engineering
Recommended for the consideration of Pickering
City Council --<e:---/
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ATTACHMENT,;t TO
REPORT # PO 3 - 02
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
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Being a by-law to stop-up and close as public highway those parts of
Shirley Drive, Plan 473, Pickering, designated as Parts 1, 2, 3 and 4,
Plan 40R-XXXX and authorize the sale of the lands comprising Parts 1,2
and 4, as they are no longer required for municipal purposes.
WHEREAS, Shirley Drive has been dedicated as a public highway on Plan 473, Pickering; and
WHEREAS, pursuant to sections 297 and 315 òf that 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 at a fixed price;
WHEREAS, Notice of this by-law has been published once a week for four consecutive weeks and the
provisions ofthe Municipal Act relating to the stopping-up of a highway have been complied with;
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:
Those parts of Shirley Drive, Plan 473, Pickering, designated as Parts 1, 2, 3 and 4,
Plan40R-XXXX.
2.
Those parts of Shirley Drive, Pickering, designated as Parts 1,2 and 4, Plan 40R-XXXX, shall be
offered for sale to the abutting owner for a sale price of $80,000.00, subject to any easements
previously granted or granted pursuant to section 5, herein.
3. (1)
The offer referred to in section 2, above, shall be made by the City on or before
August 5, 2002.
(2)
The period within which the abutting owner may exercise the right to purchase the lands,
shall commence at 9:00 am on August 6, 2002 and end at 4:00 pm on August 30, 2002, both
Eastern Daylight Saving Standard Time.
4.
In the event the Part 1, 2 and 4 lands are not sold to the abutting owner,
The Corporation of the City of Pickering shall offer them for sale pursuant to the
City's Sale of Surplus Land Policy.
5.
The Corporation of the City of Pickering shall ensure that all utility easements over any of the
lands described in Section 1 above are conveyed to the appropriate utility authority, including but
not necessarily limited to, The Regional Municipality of Durham, Bell Canada, Enbridge and
Veridian Corporation at a sale price of $2.00 each.
6.
The Mayor and Clerk are hereby authorized to execute all documentation required to stop-up and
close Shirley Drive, Plan 473, Pickering as a public highway and to effect the conveyance of the
Part 1, 2 and 4 lands.
BY -LAW read a first, second and third time and finally passed this 29th day of July, 2002.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk