HomeMy WebLinkAboutPD 01-09
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REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 01-09
Date: January 5, 2009
, ' D 1
From:
Neil Carroll
Director, Planning & Development
Subject:
Road Closing - Conveyance of Land
Portion of West Shore Boulevard (aka Fairport Road) between
Kingston Road and Highway 401, being the Road Allowance between
Lots 26 and 27, Range 3, BFC, Pickering
Parts 3 and 10, Plan 40R-25703
File: L4650-0021-06
Recommendation:
1. That Report PO 01-09 of the Director, Planning & Development regarding the
stopping-up, closing and conveyance of a portion of West Shore Boulevard be
received; and
2.' That Council enact a by-law to:
(a) stop-up and close lands legally described as West Shore Boulevard (aka
Fairport Road) being the road allowance between Lots 26 and 27, Range 3,
BFC, Pickering, designated as Part 3 (north portion) and Part 10 (south
portion) Plan 40R-25703 (the Usubject lands") as public highway;
(b) declare the subject lands surplus to the needs of the Corporation for the
purpose of sale to the adjacent owners, subject to required easements and
in accordance with the provisions of the Municipal Act and the City's
Acquisition and Disposal of Land Policy; and
(c) authorize the execution of all relevant documentation necessary to effect the
above.
Executive Summary: 786 Indopak Inc. (Ulndopak") proposes to construct a 200
unit multi-storey residential condominium with additional ground floor commercial/retail
space on lands they own at 875 Kingston Road. Indopak's lands are located directly
west of an untraveled portion of West Shore Boulevard owned by the City at the
intersection of Kingston Road and Fairport Road.
Indopak has requested that the City sell the north portion of the subject lands to them in
order to provide access to their project and to support associated landscaping and
parking. The south portion of the subject lands will be conveyed to the Province of
Ontario (UMTO") as a housekeeping measure, clarifying their ownership of the lands at
the Registry Office.
Report PD 01-09
January 5, 2009
Subject: West Shore Boulevard Road Closing
02
Page 2
Financial Implications:
Net Revenue from the Sale of Land
$70,000.00
Sustainability Implications: The transfer of the subject lands will allow the new
owners to construct and market a desirable and 'green' residential/commercial/retail
development in the City.
Background: Indopak proposes to construct a 200 unit multi-storey residential
condominium apartment building with additional ground floor commercial/retail space at
875 Kingston Road. Indopak's lands are located directly west of the subject lands
owned by the City at the intersection of Kingston Road and Fairport Road. Indopak has
requested that the City sell the north portion of the subject lands to them to provide
access to their project and to support associated landscaping and parking. The sale of
this parcel would be subject to an access easement in favour of MTO.
The south portion of the subject lands, while physically forming part of Highway 401, is
in the City's ownership. It has been determined that through inadvertence, this parcel
was never included in MTO's expropriation of the lands required for Highway 401 and
therefore title remains in the City's ownership. As this was an oversight and as this
resultant parcel of land is of no use to the City, it would be appropriate at this time to
convey the south portion of the subject lands to MTO for nominal consideration,
clearing up this title issue.
On April 14, 2008, Council passed Resolution #60/08 authorizing staff to initiate the
process of stopping-up and closing the subject lands and have them declared surplus
for the purpose of selling the north portion to 786 Indopak Inc. and conveying the south
portion to MTO for incorporation into the Highway 401 corridor. The attached by-law
serves to implement the actions set out in the resolution.
Further, in accordance with the City's Notice Policy, the appropriate Notice respecting
this road closure process has been published in the local newspaper and on the City's
website for two (2) consecutive weeks; the new Municipal Act no longer requires a
municipality to give Notice in this regard.
Attachments:
1 . Location Map
2. Draft Stop-up and Close By-law
Report PO 01-09
January 5, 2009
Subject: West Shore Boulevard Road Closing
Page 3
03
Prepared By:
Approved/Endorsed By:
JJ.~
Denise Bye, Supervisor
Property & Development Services
Neil Carroll, , RPP
Director, Planning & Development
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Coordinator, City Development
DB:bg
Copy: Chief Administrative Officer
Recommended fbr the consideration
of Pickering . y Co il "
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City of Pickering
Planning & Development Department
PROPERTY DESCRIPTION WEST SHORE BOULEVARD AKA FAIRPORT ROAD, PARTS 3 & 10 40R-25703 "!"
OWNER CITY OF PICKERING DATE NOV. 17,2008 DRAWN BY JB .! '
FILE No. L4650-0021-06 SCALE 1 :5000 CHECKED BY DB
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ATTACHMENT # Q TO
REPORT II PO () 1- oq
THE CORPORATION OF THE CITY OF PICKERING
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BY-LAW NO.
Being a By-law to stop-up and close certain
portions of West Shore Boulevard (aka
Fairport Road) as public highway, being
Parts 3 and 10, Plan 40R-25703 for the
purpose of sale to the abutting owner.
WHEREAS, pursuant to the Municipal Act, the Council of the City may pass by-laws to
acquire or dispose of land or interests in land and to stop-up a highway, or part thereof,
and to authorize its sale or the sale of a part thereof.
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:
. West Shore Boulevard (also known as Fairport Road) between King's
Highway No. 2 and King's Highway No. 401 being those parts of the road
allowance between lots 26 and 27, Range 3, Broken Front Concession,
Pickering, designated as Parts 3 and 10, Plan 40R-25703.
2. That those portions of West Shore Boulevard described above are 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 Mayor, City Clerk and City Solicitor are authorized to obtain and execute all
relevant documentation necessary to effect the above.
BY-lAW read a first, second and third time and finally passed this 19th day of January,
2009.
David Ryan, Mayor
Debi A. Wilcox, City Clerk
L4650-21-06