HomeMy WebLinkAboutPD 07-09
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REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PD 07-09
Date: January 5, 2009
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From:
Neil Carroll
Director, Planning & Development
Subject:
Stop-up and Close Portions of Pickering Parkway
Transfer of Easements (Access and Servicing)
Road Dedication By-law
Pickering Parkway (formerly Sheridan Mall Parkway)
File: RE0402/ROADDED.509
Recommendation:
1. That Report PD 07-09 of the Director, Planning & Development regarding the
stopping-up, closing, conveyance and dedication of portions of Pickering
Parkway be received; and
2. That Council enact By-Jaws to:
(a) stop-up and close those parts of Pickering Parkway, Plan 40M-1231, being
Parts 6 to 20, Plan 40R-XXXX, as public highway for the purpose of
conveying them to the abutting owner, subject to easements; and
(b) dedicate that part of Block 1, Plan 40M-1231, being Part 28, Plan
40R-XXXX as public highway.
Executive Summary: On January 21, 2008, Council passed Resolution #18/08
declaring portions of Pickering Parkway surplus to the City and authorizing their sale to
the abutting owner.
While certain portions of the Pickering Parkway road allowance declared surplus by
Council {Parts 6 to 20, Plan 40R-XXXX - the "subject lands") do not visually appear as
a travelled road, they are legally dedicated as a public highway and must be closed
prior to their conveyance.
One of the conditions of this sale is to ensure that access is maintained from Pickering
Parkway to the Pickering Place Apartments (located north of the subject lands).
Accordingly, it is necessary to create an access easement in favour of the Pickering
Place Apartments and dedicate a portion of the reserve fronting the subject lands to
ensure adequate access.
Report PO 07-09
January 5, 2009
Subject: Stop-up and Close Portions of Pickering Parkway
'II 1 59
Page 2
Approval of these by-laws will allow staff to proceed with finalizing the sale of the
subject lands in accordance with Council's direction.
Financial Implications:
Net Revenue from the Sale of Land
$175,000.00
Sustainability Implications: The transfer of the subject lands will allow the new
owners to market desired commercial/office development on the resultant parcel within
the City's downtown core.
Background: In 1981, Plan of Subdivision 40M-1231 was registered. That plan
provided for the development of nine residential rental apartment buildings, as well as
the construction of:
(a) Diefenbaker Court;
(b) the future connection of The Esplanade South; and
(c) two connecting sections of Pickering Parkway, one section located west of Valley
Farm Road and one located east of Valley Farm Road.
When Pickering Town Centre was expanded, Pickering Parkway was realigned leaving
certain portions of the original road allowance no longer required for road purposes.
On January 21, 2008, Council passed Resolution #18/08 declaring the subject lands
surplus to the City and authorizing their sale to the abutting owner at the appraised
value of $175,000 to accommodate future development in the downtown core.
Conditions of the sale to the abutting owner include maintaining access to the Pickering
Place Apartments and establishing appropriate easements for servicing and utility
purposes. Accordingly, easements will be registered in favour of the:
(a) City through Parts 4, 7, 8, 9, 10, 14, 17, Plan 40R-XXXX and Part 9, Plan
40R-1 0298 for storm drainage purposes;
(b) Region of Durham and/or Bell Canada through Parts 2, 3,4, 7, 8, 9, 12, 13, 14,
17, 18, 19 and 20, Plan 40R-XXXX and Parts 1 and 2, Plan 40R-19362 for
sanitary sewer and utility servicing purposes;
(c) Pickering Place Apartments through Parts 11 to 15, 40R-XXXX (from the City)
and Part 27, Plan 40R-XXXX (from the abutting owner) for access purposes.
These easements are required to ensure access is maintained to Pickering Place
Apartments. Once the subject lands are closed and conveyed, legal access to
the apartments will be eliminated without the creation of these easements. Both
the abutting owner and the owner of the Pickering Place Apartments (CapReit)
have confirmed their support for the creation of these easements;
Report PO 07-09
January 5, 2009
Subject: Stop-up and Close Portions of Pickering Parkway
Page 31
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and, in addition to creating the above-noted easements,
(d) Part 28, Plan 40R-XXXX will be dedicated as public highway to ensure
access/frontage to the Pickering Parkway Apartments is adequate.
While the subject lands do not visually appear as a travelled road, they are legally
dedicated as public highway and must be stopped-up and closed prior to conveyance.
In accordance with the City's Notice Policy, the appropriate Notice respecting this road
closure has been published in the local newspaper and on the City's website for 2 (two)
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
3. Draft dedication by-law
Prepared By:
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Denise By ,Supervisor,
Property & Development Services
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RO~~IO: . __H
Coordinator, City Development
Neil Carroll, , RPP
Director, Planning & Development
DB:bg
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering ity q il / /
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City of Pickering
PROPERTY DESCRIPTION PICKERING PARKWAY (PARTS 6-20)
OWNER CITY OF PICKERING
FILE No. SALE AND TRANSFER
4-0\
Planning & Development Department
DATE OCT. 14,2008
SCALE 1 :5000
DRAWN BY JB
CHECKED BY DB
o a ou.-ces:
Teronet Enterprises Inc. and as supplie,.s. All ri9hts Reserved. Not a pion of survey.
2005 MPAC and as suppliers. All rights Reserved. Not 0 plan of Survey.
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162
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to stop-up and close as public
highway those parts of Pickering Parkway (formerly
Sheridan Mall Parkway), Plan 40M-1231, being
Parts 6 to 20, Plan 40R-XXXX, for the purpose of
sale, subject to required easements.
WHEREAS, on November 30, 1981, Plan 40M-1231 was registered deeming Sheridan
Mall Parkway as public highway and on May 22, 2007, the Council of the City (having
jurisdiction over that highway) passed Resolution 111/07 assuming it as a public
highway under the jurisdiction of The Corporation of the City of Pickering; and
WHEREAS, By-law 1898/84 was registered as Instrument No. l T258060 renaming
Sheridan Mall Parkway to Pickering Parkway;
,
WHEREAS, pursuant to section 34 of the Municipal Act, the Council of the City may
pass by-laws to stop-up and close 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 for the purpose of sale:
Those parts of Pickering Parkway, Plan 40M-1231, being Parts 6 to 20, Plan
40R-XXXX.
2. That all easements over/through any of the lands described in section 1, above
are conveyed to the appropriate parties at a sale price of $2.00 each.
3. The Mayor and City Clerk are hereby authorized to execute the necessary
documents authorized by the City Solicitor to effect the closing of the lands and
to establish any/all required easements.
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
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H:vHn #. _ 3 TO
ii,.JJRl tI PO .():t - 09
THE CORPORATION OF THE CITY OF PICKERING
BY-lAW NO.
Being a By-law to dedicate that part of
Block 1, Plan 40M-1231, Pickering, being
Part 28, Plan 40R-XXXX, as public
highway.
WHEREAS The Corporation of the City of Pickering is the owner of that part of Block 1,
Plan 40M-1231, being Part 28, Plan 40R-XXXX, Pickering and wishes to dedicate it as
a public highway.
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
1. That part of Block 1, Plan 40M-1231, Pickering, being Part 28, Plan 40R-XXXX,
is hereby dedicated as public highway (Pickering Parkway).
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
Roadded.509