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Home My WebLink AboutPD 41-06 188 Ciil¡ ()~ 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: ~ ~ ) ,,/ /uéY DB:RT:bg Attachments Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Recommended for the consideration of Pickering C' y Council ." ",,- ATTACHMENT #. , TO REïJORl # PD 41 -0 to ____... .' 9"··' , . ~ I 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 "^' ¡ , FILE No. L 4650-010 SCALE 1:1000 CHECKED BY DB o Q ourc..: Torcnot Enterpri.e. Inc. ond its auppliers. AU dQhta R...Ned. Not 0 pion of SUN.y. 2005 MPAC and its supplier.. All ri ht. Reserved. Not (I plan of SUN. . PN-3 .. /)"¡ , V ,I ...... 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 D>.lt _ ~~ 3.', ~CJ?6 . OAlt _ . . . . . . . _ - . . . . . . . . . ... . . . . . . . . .. 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 PlAN AREA PIN ~ 0- ~ ~ ~ ('" PART 2 PLAN ~OR - 665~ PART 1 2 LOT ...... NAN B. WALLACE O.L.S. LTD. PMT Of' COIIIotIJIŒ SIRŒT R£GISIÐIED P\NI Ho.16 ðð.Jð 34. m 183.72 Sq. m PMT Of 20J 18-0078 o .... .... -<\ ~ PLAN ~ PART 1 PIN I,JII-Q,78 ESTABUSHED BY REGlSltRED PLAN 65 COMMERCE STREET ( NOT 1RA 'Æu.ED ) J Þ¡ / PIN ~ ~ 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. '" ~ ~.01 1,ø · _ ,(0" €I _ \.01 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. ~~ 3~, ~0f!6. . . . . _ Dote . CrýatÔJ êronch . Ontario Land Surveyor ./' - IVAN 8. WALLACE ONTARIO LAND SUJM;YOR LID. 88 I<JNG S1REET fAST IIOWWH\IIU.E . ONTARIO LIC 3X2 T.lephone gœ..62J-22œ WhItby gœ..888-88QJ r_mIIe 9œ-62J-OðI2 Project No ~-706ðB -... NS -... I>J/CC _. May 31. 2006 ~ ~O\ J ~.1I "H:JC"ll # 3 TO ,.., ,,,.,,",, ,;<li...I\ ' Hf,.jH'¡ f¡ Pu__ L../l - ()(p 194 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 ~ Debi A. Bentley, Cit erk L-4650-010