BYLAW NO. 1713 - Road Closure Bylaw No. 1713 (Unnamed Roads), 2017

Staff Report to Council

Date

July 17, 2017

Department

Administration

Subject

Road Closure Bylaw No. 1713 and Disposition (Unnamed Roads)

Background

Through the sale of Provincial Capital Commission (PCC) lands by the Government of British Columbia, Green Corr. Properties obtained land south of the TransCanada Highway, just north of Jeanine Drive and Mill Hill Road. This land was, and is zoned ‘One- and Two-Family Residential (R2) Zone’, allowing for the development of single-family dwellings on 550m² lots.

Commentary

The proposed development illustrates single-family lots on both sides of a newly dedicated road that extends the length of the land that Green Corr. Properties now own. Land that currently exists as dedicated road (proposed to be closed) would be, for the most part utilized for some of the proposed lots.

Given that the developer is proposing to dedicate approximately 1.0 hectare (2.5 acres) of road prior to subdivision approval, Council may consider closing and transferring these roads for a nominal fee of $10.00 as the closure and disposition of these two unnamed roads will only be approximately 0.4 hectares (1.0 acres) in size. Additionally, the roads proposed to be closed have never been developed as a road that could be traveled upon – they have remained treed just like the PCC lands.

Financial Implications

All costs associated with the closure and disposition of these two roads would be the responsibility of the developer.

Legal Implications

The closure is subject to approval from The Ministry of Transportation and Infrastructure prior to adoption, and there are no known legal barriers to the proposed closure and disposition of these roads.

Options

That Council;

1. Agree to close and dispose of the unnamed roads to Green Corr. Properties as outlined in Bylaw No. 1713 for the amount of $10.00 and the dedication of approximately 1.0 hectare of land for the purpose of a municipal road;

AND

2. Give Road Closure Bylaw No. 1713 1st, 2nd, and 3rd readings.

OR

3. Do nothing at this time, and not close the unnamed roads as outlined in this report.

Respectfully Submitted

Submitted by:
Robert Dykstra, MCIP, RPP
Land Development Planner

Concurrence:
Matthew Baldwin, MCIP, RPP
Director of Planning

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo,
Director of Engineering

Concurrence:
Leah Stohmann, MCIP, RPP,
Deputy Director of Planning

Concurrence:
Michael Dillabaugh, Director of Finance

Concurrence:
Darren Kiedyk, Deputy Chief Administrative Officer

Concurrence:
Braden Hutchins, Director of Corporate Services

:rd

CITY OF LANGFORD

ROAD CLOSURE BYLAW NO. 1713, 2017 Road Closure Bylaw

WHEREAS, pursuant to Section 40 of the Community Charter, Council may, by bylaw, close a portion of a highway to traffic and remove the dedication of the highway, if prior to adopting the bylaw, Council publishes notices of its intention in a newspaper and provides an opportunity for persons who consider they are affected by the bylaw to make representations to Council;

AND WHEREAS the Council of the City of Langford deems it expedient to close to traffic and remove the dedication of highway of that portion of highway comprising a total of approximately 0.4 hectares (1.0 acres), which was dedicated as highway by Plans 29707 and 30083, shown outlined in a bold black line on the reference plan prepared by Lloyd R.P.Eakins, BCLS on the 13th day of June, 2017, a reduced copy of which is attached hereto (the “Road Closure Plan”);

AND WHEREAS notices of Council’s intention to close that portion of highway to traffic and to remove its dedication as highway were published in a newspaper and posted in the public notice posting place, and Council has provided an opportunity for persons who consider they are affected by the closure to make representations to Council;

AND WHEREAS the Council does not consider that the closure of the Closed Road will affect the transmission or distribution facilities or works of utility operators;

NOW THEREFORE the Council of the City of Langford, in open meeting assembled, enacts as follows:

1. Attached to this Bylaw as Schedule “A” and forming part of this Bylaw is a reduced copy of the reference plan of highway closure (the “Road Closure Plan”).

2. The City hereby authorizes the closure to traffic and removal of highway dedication of: the 0.4 hectares of highway, which was dedicated as highway by Plan 29707 and 30083, labelled “Road to be Closed Area 1 and Area 2” on the Road Closure Plan (the “Closed Road”).

3. On deposit of the Road Closure Plan and all other documentation for the closure of the Closed Road in the Victoria Land Title Office, the Closed Road is closed to public traffic, it shall cease to be public highway, and its dedication as a highway is cancelled.

4. The Mayor and the Chief Administrative Officer of the City are authorized to execute all deeds of land, plans and other documentation necessary to affect this road closure and disposition.

5. This Bylaw may be cited as “Road Closure Bylaw No. 1713 (Unnamed Roads), 2017”.

READ A FIRST TIME this day of, 2017.
READ A SECOND TIME this day of, 2017.

READ A THIRD TIME this day of, 2017.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE THIS DAY OF, 2017.
ADOPTED this of, 2017.

MAYOR

(Certified Correct)

CHIEF ADMINISTRATIVE OFFICER

SCHEDULE “A” – Road Closure Plan